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Osgoode Legal Studies Research Paper Series

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2016

Charter dialogue

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Collateral Thoughts On Dialogue's Legacy As Metaphor And Theory: A Favourite From Canada, Jamie Cameron Jan 2016

Collateral Thoughts On Dialogue's Legacy As Metaphor And Theory: A Favourite From Canada, Jamie Cameron

Osgoode Legal Studies Research Paper Series

“Collateral Thoughts” is part of a special issue edited by Professor James Allan, who invited and challenged a group of scholars to select and discuss a favourite law review article. I chose “The Charter Dialogue Between Courts and Legislatures” because it is the most influential article to date in the Charter of Rights and Freedom’s relatively short history (since 1982). I call this reflection “Collateral Thoughts” because my interest is less in the merits of dialogue theory than in its remarkable impact, at home in Canada as well as abroad, in the broader reaches of comparative constitutionalism and constitutional theory. …