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Strange Expectations: A Review Of Two Theories Of Judicial Review, Joel Bakan
Strange Expectations: A Review Of Two Theories Of Judicial Review, Joel Bakan
Joel Bakan
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 …
Developments In Constitutional Law: The 1993-94 Term, Joel Bakan, Bruce Ryder, David Schneiderman, Margot Young
Developments In Constitutional Law: The 1993-94 Term, Joel Bakan, Bruce Ryder, David Schneiderman, Margot Young
Joel Bakan
This paper seeks to draw out four different, and often conflicting, themes that inform the Supreme Court of Canada's constitutional decision making. Each theme expresses a conception of the Canadian state, and taken together they represent, arguably, the current range of dominant views regarding the appropriate role of the state in Canada: classical liberalism, federalism, social democracy and neo-liberalism. Explicit and implicit reliance upon these conceptions of the state can be understood as reflecting the Court's concern to stay in step with its perception of contemporary social consensus on the large political issues lurking behind every constitutional question it addresses. …