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Open Access. Powered by Scholars. Published by Universities.®

2009

Judicial review

Osgoode Hall Law Journal

Articles 1 - 2 of 2

Full-Text Articles in Law

The Supreme Court Of Canada, Charter Dialogue, And Deference, Rosalind Dixon Apr 2009

The Supreme Court Of Canada, Charter Dialogue, And Deference, Rosalind Dixon

Osgoode Hall Law Journal

For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea of dialogue offers a promising middle path between the extremes of judicial and legislative supremacy. Current dialogue theory, however, largely fails to live up to this promise of compromise. Instead of distinguishing democratic worries associated with US style, strong-form judicial review, it largely endorses the legitimacy of such review. For dialogue to live up to its original promise, a new theory that more clearly distinguishes Canada from the United States is required. This article offers a new theory of dialogue in which the willingness of …


A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek Apr 2009

A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek

Osgoode Hall Law Journal

For most of the twentieth century, the dominant paradigm in comparative public law was particularism. This was accompanied by a strong skepticism towards universalist features and possibilities in public law and, especially, constitutional law. With the rise of judicial review after World War I--and especially in Eastern Europe after the collapse of the Soviet Union--comparative judicial review has begun to flourish. However, comparative scholarship on judicial review overemphasizes the centrality of "the question of legitimacy" of judicial review in a democratic polity. This has been a result of the mistaken extrapolation of the American debate over judicial review to other …