POLI 324 Lecture Notes - Lecture 2: Judicial Activism, Ibm Officevision, Obiter Dictum
3 Dec 2018
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Document Summary
Key terms: charter dialogue theory; hegemonic preservation theory; strong-form versus weak-form judicial review; judicial activism versus bureaucratic activism; judicial-centred, parliament-centred and cabinet-centred approaches to the charter. Legalize this: the chatering of canadian politics by petter. Thesis: judicial arena is just one of the many forums in which law and or lawyers direct political debate and shape policy in the name of upholding charter rights. Rationalizing judicial power: the mischief of dialogue theory by huscroft. Thesis: the court is free to interpret the charter as it will, with the legislature required to adopt the court"s interpretation and act within such parameters as the court allows, this is not dialogue but it is top-down constitutionalism. Per hogg and bushell, dialogue theory purpose was to challenge anti-majoritarian objection to the legitimacy of judicial review: they meant by dialogue theory was that the court"s invalidation of legislation leaves room for the legislative response.
