The Charter of Rights has long been criticized for the supposed failure of its processes and outcomes to comply with Canadian federalism. This paper challenges those suppositions. The examination of five Supreme Court cases [Ford (1988); Lavigne (1991); Advance Cutting (2001a); Dunmore (2001b); and Solski (2005a)] through the lens of a "federalist dialogue" reveals a process of Charter interpretation in which provinces, far from being excluded, actually play a central role. Furthermore, this dialogue has the potential to generate an outcome—Charter-federalism—that is consistent with Canada's moral fo...
The object of this article is to consider the legal character of provincial agreements with foreign ...
The U.S. Supreme Court\u27s decision in National Federation of Independent Business v. Sebelius, 132...
In this article the author presents a view on federal-provincial relations which he sees as characte...
Abstract . Rights jiirisprudence in Canada dates back as far as Confederation in 1867. Between this...
In the post-Charter era, Canada’s national high court has developed a distinct political philosophy...
Grounding its approach in historical and discursive institutionalist frameworks, this thesis examine...
The Patriation Reference and Quebec Veto Reference revealed deep disagreements as to the nature of C...
By empowering judges to establish national standards, the Charter of Rights limits the capacity of p...
For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea o...
This article provides an overview of the main debates on the impact of the Charte...
For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea o...
Dialogue theory regards judicial interpretation of the Charter as authoritative, and, as a result, d...
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisio...
The role of the Supreme Court of Canada in the country\u27s federal system is discussed. Globalizati...
[À l'origine dans / Was originally part of : Fac. Droit - Coll. facultaire - Droit constitutionnel e...
The object of this article is to consider the legal character of provincial agreements with foreign ...
The U.S. Supreme Court\u27s decision in National Federation of Independent Business v. Sebelius, 132...
In this article the author presents a view on federal-provincial relations which he sees as characte...
Abstract . Rights jiirisprudence in Canada dates back as far as Confederation in 1867. Between this...
In the post-Charter era, Canada’s national high court has developed a distinct political philosophy...
Grounding its approach in historical and discursive institutionalist frameworks, this thesis examine...
The Patriation Reference and Quebec Veto Reference revealed deep disagreements as to the nature of C...
By empowering judges to establish national standards, the Charter of Rights limits the capacity of p...
For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea o...
This article provides an overview of the main debates on the impact of the Charte...
For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea o...
Dialogue theory regards judicial interpretation of the Charter as authoritative, and, as a result, d...
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisio...
The role of the Supreme Court of Canada in the country\u27s federal system is discussed. Globalizati...
[À l'origine dans / Was originally part of : Fac. Droit - Coll. facultaire - Droit constitutionnel e...
The object of this article is to consider the legal character of provincial agreements with foreign ...
The U.S. Supreme Court\u27s decision in National Federation of Independent Business v. Sebelius, 132...
In this article the author presents a view on federal-provincial relations which he sees as characte...