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Canada (156,281)
POLI 221 (76)

The Charter Revolution and the Court Party - Morton/Knopff
The Charter Revolution and the Court Party - Morton/Knopff

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McGill University
Political Science
POLI 221
Rick Schultz

The Charter Revolution and the Court Party MortonKnopff SCCNo longer just tell policymakers what they may not do but also what the must doCharter a revolution on the scale of the introduction of the metric system Louis Pasteur penicillin and the laserPolicymaking is judicialized leaglized and conducted in the vernacular of rights talk to a greater extent than ever beforeCharter Revolution o Driven only partly by the constitutional document itself o Characterizedby the rising prominence in Canadian public life of both a policymaking institution judiciary and its partisans Court Party o Revolution cannot occur without leaders and the support of interested classesJudges are professionally obliged to declare that the Charter requires their decisionsthey are more important to explaining the Charter revolution than is the document itselfCharter has given judges a second opportunityto succumb to the seduction of power first was BoRightsSaw the Charter as an opportunity for empowering Canadian courts as an agency of political reform
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