Dialogue principle

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 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.

Further reading

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

See also

  • Democratic dialogue

Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • Dialogue education — is a popular education approach to adult education first described by educator,Jane Vella in the 1980’s. This approach to education draws on various adult learning theories, including those of Paulo Freire, Kurt Lewin, Malcolm Knowles and… …   Wikipedia

  • Principle of relativity — In physics, the principle of relativity is the requirement that the equations describing the laws of physics have the same form in all admissible frames of reference. For example, in the framework of special relativity the Maxwell equations have… …   Wikipedia

  • Dialogue Concerning the Two Chief World Systems — Frontispiece and title page of the Dialogue The Dialogue Concerning the Two Chief World Systems (Dialogo sopra i due massimi sistemi del mondo) was a 1632 Italian language book by Galileo Galilei comparing the Copernican system with the… …   Wikipedia

  • Egalitarian dialogue — is a form of discussion that takes place when different contributions are considered in terms of the validity of the arguments, rather than assessing them according to the power positions of those who advocate them.Principles and… …   Wikipedia

  • Guaymuras dialogue — Tegucigalpa/San José accord is a diplomatic agreement between two rival political factions in Honduras during the 2009 Honduran constitutional crisis. Representatives from the de facto Micheletti government and deposed President Manuel Zelaya… …   Wikipedia

  • Canadian Charter of Rights and Freedoms — Canada This article is part of the series: Politics and government of Canada   …   Wikipedia

  • Canadian federalism — For the political ideology that favours Quebec remaining within the Canadian federation rather than pursuing independence, see Quebec federalist ideology. Canada This article is part of the series: Politics and government of Canada …   Wikipedia

  • Constitution Act, 1982 — Constitution of Canada This article is part of a series Constitutional history …   Wikipedia

  • Charlottetown Accord — The Charlottetown Accord (French: Accord de Charlottetown) was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October …   Wikipedia

  • Constitutional debate in Canada — Constitution of Canada This article is part of a series Constitutional history …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”