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The Oxford Handbook of the Canadian Constitution edited by Oliver, Peter; Macklem, Patrick; Des Rosiers, Nathalie (19th October 2017)

Part VI Constitutional Theory, E Dialogue Theory and the Canadian Charter of Rights and Freedoms, Ch.49 Understanding Dialogue Theory

Peter W. Hogg, Ravi Amarnath

From: The Oxford Handbook of the Canadian Constitution

Edited By: Peter Oliver, Patrick Macklem, Nathalie Des Rosiers

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.

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