Comparing the Establishment of Judicial Review in Canada and the United States

Posted: 22 Feb 2011  

William Blake

University of Maryland, Baltimore County (UMBC) - Department of Political Science

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Abstract

Judicial review cannot be established without support from the incumbent regime. The early U.S. Supreme Court exercised a great deal of caution in asserting its power because it feared the ruling Jeffersonian coalition would ignore its decisions. After enactment of the Charter of Rights and Freedoms, the Supreme Court of Canada has been more aggressive in striking down legislation. We might expect legislative bodies to cling to their old constitutional authority (parliamentary supremacy) by invoking the Notwithstanding Clause, which forecloses judicial review on a piece of legislation. Public opinion has created a political barrier to utilizing this clause, thus legislators have chosen more cooperative tactics in dealing with judicial nullifications.

Suggested Citation

Blake, William, Comparing the Establishment of Judicial Review in Canada and the United States. Western Political Science Association 2011 Annual Meeting Paper . Available at SSRN: https://ssrn.com/abstract=1766829

William Blake (Contact Author)

University of Maryland, Baltimore County (UMBC) - Department of Political Science ( email )

1000 Hilltop Circle
Baltimore, MD 21250
United States

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