|
Dialogue Principle
In Canadian constitutional law, the dialogue principle is an approach to the interpretation of the ''Canadian Charter of Rights and Freedoms'' where judicial review of legislation is said to be part of a "dialogue" between the legislatures and the courts. It specifically involves governments drafting legislation in response to court rulings and courts acknowledging the effort if the new legislation is challenged. This approach was introduced by constitutional scholars Peter Hogg and Allison Bushell, and has had acceptance in much of the academic world and in courts. Nevertheless, it remains a controversial principle as it attempts to justify what many critics see as judicial activism Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually ... in the courts. Further reading * Constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Canadian Constitutional Law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In '' Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Reviewable matters and legal standing Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any constitutional issues as long as there is a sufficient legal comp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand–born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Judicial Activism
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Osgoode Hall Law School
Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. It is home to the Law Commission of Ontario, the ''Journal of Law and Social Policy'', and the ''Osgoode Hall Law Journal''. A variety of Juris Doctor, J.D. Master of Laws, LL.M. and Ph.D. degrees in law are available. The law school's alumni include three Prime Minister of Canada, Canadian prime ministers, four Attorney General of Canada, Attorneys General, eight Premier of Ontario, premiers of Ontario, four List of mayors of Toronto, Mayors of Toronto, eleven Justices of the Supreme Court of Canada, four of whom were Chief Justice of Canada, Chief Justices, and one Academy Award nominee. The current dean of the law school is Trevor C.W. Farrow. History Osgoode Hall was named for William Osgoode, an Oxford University graduate and barrister of Lincoln's Inn. He was the first person to serve as the chief justice of Upper Canada. The law school traces its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
York University
York University (), also known as YorkU or simply YU), is a public university, public research university in Toronto, Ontario, Canada. It is Canada's third-largest university, and it has approximately 53,500 students, 7,000 faculty and staff, and over 375,000 alumni worldwide. It has 11 faculties, including the Lassonde School of Engineering, Schulich School of Business, Osgoode Hall Law School, Glendon College, and 32 research centres. York University was established in 1959 as a non-denominational institution by the ''York University Act'', which received royal assent in the Legislative Assembly of Ontario on 26 March of that year. Its first class was held in September 1960 in Falconer Hall on the University of Toronto campus with a total of 76 students. In the fall of 1961, York moved to its first campus at Glendon Hall (now part of Glendon College), which was leased from U of T, and began to emphasize liberal arts and part-time adult education. In 1965, the university opene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
