Judicial Power and the Charter: Canada and the Paradox of Liberal Constitutionalism - Couverture souple

Manfredi, Christopher P.

Couverture souple

ISBN 10 : 0806125276 ISBN 13 : 9780806125275

Editeur : University of Oklahoma Press, 2006

Synopsis

The 1982 Charter of Rights and Freedoms enables the Canadian Supreme Court to review and to nullify or modify policies enacted by democratically accountable representatives - as can the United States Supreme Court in accordance with the protections of the Bill of Rights. Although judicial review allows courts to safeguard individual rights by enforcing constitutional limits on legislative power, it can become an anti-democratic force, empowering courts to affect a country's constitution and course without popular participation or even awareness. In "Judicial Power and the Charter", Christopher P. Manfredi discusses the degree to which judicial review in Canada has been transformed into the illiberal principle of judicial supremacy. Differences between Canadian and US systems are discussed, as is the influence of American jurisprudence on the Canadian experience. Manfredi presents his arguments in a balanced and logical manner, writing with clarity and precision and supporting his conclusions with substantial documentation. As both Canada and the United States wrestle with the proper role of the judiciary and the interpretation of constitutional protections, this impressive volume is noteworthy in that it offers not only a comprehensive survey but also a solution to the problem it depicts.

A propos du livre

Revue de presse

Masterful analysis of the Supreme Court of Canada's interpretation of the Charter of Rights and Freedoms ... Judicial Power and the Charter is one of several major works published since the mid-1980s on the question of whether Canada's courts, in interpreting the Charter, promote or undermine Canadian democracy. It may also be the best. (Democratization)

Présentation de l'éditeur

In 1982, Canada's Charter of Rights and Freedoms became law and significantly changed the Canadian political process. This book examines the problematical relationship between judicial power and its use to review and nullify or modify policies enacted by democratically accountable decision makers.

Détails de l'édition

• Éditeur: University of Oklahoma Press
• Date d'édition: 2006
• Langue: anglais
• ISBN 10: 0806125276
• ISBN 13: 9780806125275
• Reliure: Broché
• Nombre de pages: 292
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible