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Political Science General

Judicial Power and the Charter

Canada and the Paradox of Liberal Constitutionalism

by (author) Christopher P. Manfredi

Publisher
Oxford University Press
Initial publish date
Aug 2000
Category
General
  • Paperback / softback

    ISBN
    9780195415049
    Publish Date
    Aug 2000
    List Price
    $36.95

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Description

In 1982, Canada's Charter of Rights and Freedoms became law and thereby significantly changed the Canadian political process. In surveying the changing relationship between Canada's legal and political structures. Judicial Power and the Charter focuses on one of the most problematic aspects of the relationship between judicial power and 'liberal constitutionalism': the use of of judicial power to review and to nullify or modify policies enacted by democratically accountable decision makers. In particular, the book examines a paradox a the heart of this relationship whereby the very mechanism designed to safeguard constitutionalism can become its greatest threat--a short of dictatorship of the courts.

In this new edition, Manfredi refines his original argument and brings the content completely up to date. There is an incorporation of all major cases decided by the Supreme Court since the original publication and engagement in the bigorous debates that have emerged among political scientists.

About the author

Contributor Notes

Christopher P. Manfredi is Professor in the Department of Political Science at McGill University in Canada.

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