Dialogue principle

From Wikipedia, the free encyclopedia

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 scholar Peter Hogg 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 in the courts.

[edit] Further reading

• Peter Hogg and Allison Bushell. "The Charter Dialogue Between Courts and Legislatures" (1997), 35 Osgoode Hall L.J. 75.

[edit] See also

• Democratic dialogue

Constitution of Canada v • d • e
Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings | Property and civil rights | Disallowance and reservation
Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula
List of Canadian constitutional documents
History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Interjurisdictional immunity