Strange Expectations: A Review of Two Theories of Judicial Review

(1990) 35:2 McGill Law Journal 439-458

20 Pages Posted: 15 Jan 2013

See all articles by Joel Bakan

Joel Bakan

University of British Columbia (UBC), Faculty of Law

Date Written: December 6, 2012

Abstract

The author examines two theories of judicial review under the Charter, one proposed by D.M. Beatty in Putting the Charter to Work: Designing a Constitutional Labour Code, and the other by P. Monahan in Politics and the Constitution: The Charter, Federalism and the Supreme Court of Canada. He demonstrates how each of these theories attempts to reconcile judicial review under the Charter with the principles of democracy by portraying it (judicial review) as a means for realizing these principles. He then argues that both efforts are ultimately unsuccessful and, indeed, only compound the problems they identify and set out to redress.

Keywords: Canada, Judicial Review, Canadian Charter of Rights and Freedoms, Constitutional law

Suggested Citation

Bakan, Joel, Strange Expectations: A Review of Two Theories of Judicial Review (December 6, 2012). (1990) 35:2 McGill Law Journal 439-458 , Available at SSRN: https://ssrn.com/abstract=2186136

Joel Bakan (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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