Charter Dialogue Revisited - Or 'Much Ado About Metaphors'

(2007) 45 Osgoode Hall L.J. 1.

Posted: 30 Jul 2014

See all articles by Peter Hogg

Peter Hogg

York University - Osgoode Hall Law School

Allison Bushell Thornton

Independent

Wade K. Wright

Western University - Faculty of Law

Date Written: 2007

Abstract

This article is a sequel to the 1997 article "The Charter Dialogue Between Courts and Legislatures (Or Perhaps the Charter of Rights Isn't Much a Bad Thing After All)." In the present article, the authors review various academic critiques of their "dialogue" theory, which postulates that Charter decisions striking down laws are not the law word, but rather the beginning of a "dialogue", because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the "dialogue" phenomenon, and update the data on which their 1997 article was based. They conclude that the dialogue phenomenon is alive and well and that the critique of the original article is "much adopt about metaphors."

Keywords: Constitutional law, constitutional theory, dialogue theory, Charter of Rights and Freedoms

Suggested Citation

Hogg, Peter and Bushell Thornton, Allison and Wright, Wade K., Charter Dialogue Revisited - Or 'Much Ado About Metaphors' (2007). (2007) 45 Osgoode Hall L.J. 1., Available at SSRN: https://ssrn.com/abstract=2473302

Peter Hogg

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Wade K. Wright (Contact Author)

Western University - Faculty of Law ( email )

London
Canada

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