Dialogue Theory, Judicial Review and Judicial Supremacy: A Comment on 'Charter Dialogue Revisited'

(2007) 45 Osgoode Hall Law Journal 125

22 Pages Posted: 21 Feb 2013

See all articles by Carissima Mathen

Carissima Mathen

University of Ottawa - Common Law Section

Date Written: 2007

Abstract

In 2007, the Osgoode Hall Law Journal invited Peter Hogg (and co-authors) to revisit his highly influential 1997 article in which he proposed that in its Charter jurisprudence the Supreme Court of Canada often engages in a "dialogue" with the legislature. The author was one of several commentators asked to respond to Hogg's assessment and defence of his original work. This article suggests that the dialogue metaphor, while intuitively appealing, is difficult to justify both in terms of the structure of the Canadian constitution, and the Supreme Court's own understanding of its role.

Keywords: Charter of Rights, Constitution of Canada, judicial review, Supreme Court of Canada, rights, dialogue

Suggested Citation

Mathen, Carissima, Dialogue Theory, Judicial Review and Judicial Supremacy: A Comment on 'Charter Dialogue Revisited' (2007). (2007) 45 Osgoode Hall Law Journal 125, Available at SSRN: https://ssrn.com/abstract=2221383 or http://dx.doi.org/10.2139/ssrn.2221383

Carissima Mathen (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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