Understanding Dialogue Theory
Bibliographic Data
| ID | 23739027 |
|---|---|
| Authors | Peter W Hogg (York University), Ravi Amarnath (Blake, Cassels & Graydon LLP) |
| Year | 2017 |
| Pages | 1053-1072 |
| Publication date | 2017-11-06 |
| Open Access | No |
| Type | CHAPTER |
| Venue | Oxford Handbook of the Canadian Constitution (SOURCE_BOOK) |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/law/9780190664817.003.0049 |
| OpenAlex | W2766830284 |
| ISBN | 9780190664817 |
| Language | EN |
| Citations received | 2 |
| References cited | 2 |
This chapter discusses Charter dialogue theory, tracing its evolution within the academic literature, as well as how it has been interpreted by Canadian courts. The authors define the concept of Charter dialogue, or legislative responses to decisions of Canadian courts involving fundamental human rights and freedoms. They describe the features of the Canadian Charter which make the process of Charter dialogue possible, as well as its limitations. The chapter tells how the concept of Charter dialogue addresses concerns with the process of judicial review, and the criticisms that have been levelled against Charter dialogue theory. The authors also describe how the concept of Charter dialogue has been interpreted by Canadian courts. Specifically, they discuss how Charter dialogue has impacted the remedial decisions of courts, and how these decisions impact subsequent responses from legislatures.
Charter · Epistemology · Law and economics · Legislature · Political science · Process (computing) · Remedial education · Sociology · Comparative and International Law Studies · Computer Science · Judicial and Constitutional Studies · Law · Multicultural Socio-Legal Studies · Philosophy
| Citations per year | 0.29 |
|---|---|
| Citation span | 2019 - 2019 (1) |
| Highly cited | No |