POLS 3140 Lecture 6: POLS_3140- jan 24th (2)
24 Jan 2019
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Document Summary
Dialogue theory: what it means: charter criticisms on supposed usurpation of democratic legitimacy unsustainable, usurpation: judges have taking policy making authority beyond the words or the. Charter and from the legislative authority: these criticisms are wrong because legislatures actually respond more than half of the time. Judicial review not a veto, but beginning of healthy dialogue: barrier to response rarely absolute , there are some times when legislatures cannot respond (ex: prisoner voting, legislative will, democratic way, hog g and thornton say this is possible. Dialogue critics: usually monologue : courts legislatures listen, this is what morton said, criticized methodology sandwich, said they counted any kind of legislature response as dialogue. Judicial monopoly on interpretation: dialogue only genuine" when legislatures can legitimately interpret, assume judges have monopoly over what the words in the charter mean (he says this is what the theorists are saying)
