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Lecture 21

POLS 3140 Lecture 21: Emerging Charter Debates and Scholarship

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Political Science
POLS 3140
Dave Snow

April 4, 2017 Lecture 21 Emerging Charter Debates and Scholarship First Wave (19841996) Pre1982: Quiet court in the unquiet country o Fox: Political science neglected the court Predicted the impact on Canadian democracy Three names: o National unity o Institutional change o Ideological critics National Unity Trudeau framed Charter as about shared values Certain sections (6, 1623) can overcome Balkanization Charter Canadians transcend regional cleavages Institutional Change Centralization o Unified court system, provincial laws unified too? o University of rights Growing legalism o Judicialize politics and politicize the judiciary o A further flight from politics Ideological Criticisms Left to Right Wing Charterphobia Left Wing (mostly lawyers) o Legalized politics = conservative politics o Charter = antistatist o Erode and Americanize Canadian identity Right Wing (mostly political scientists) o Institutional: Antidemocratic o Ideological: Left wing interest group First Wave Themes Institutions studied: Charter itself and judiciary Canadacentric Largely atheoretical Normative, tentative, and speculative Second Wave (19972006) The results are in More cases, more data Examine other institutionsactors Solidified normative debates o Left wing Charterphobes less prominent than in first wave Two debates: Legitimacy and dialogue Legitimacy Debate Holdover from first wave Morton and Knopff (2000) o Court Party unified by judicial power o Canadian politics transformed Supporters: Charter beneficial
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