Articlediamond2007

Charter Dialogue Revisited: Or "Much Ado About Metaphors"

Peter W. Hogg · Allison A. Bushell Thornton · Wade K. Wright

124 citations0/0 files storedOsgoode Hall law journal

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Judicial and Constitutional Studies Comparative constitutional jurisprudence studies European and International Law Studies

Abstract

This article is a sequel to the 1997 article "The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charter of Rights Isn't Such A Bad Thing After All)." In the present article, the authors review various academic critiques of their "dialogue" theory, which postulates that Charter decisions striking down laws are not the last word, but rather the beginning of a "dialogue," because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the "dialogue" phenomenon, and update the data on which their 1997 article was based. They conclude that the dialogue phenomenon is alive and well and that the critique of the original article is largely "much ado about metaphors."

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2010Parliamentary Sovereignty: Contemporary Debates 2014Separation of Powers and the Growth of Judicial Review in Established Democracies (or Why Has the Model of Legislative Supremacy Mostly Been Withdrawn From Sale?)2012Dialogue or compliance? Measuring legislatures’ policy responses to court rulings on rights 2010Strategic Legitimacy Cultivation at the Supreme Court of Canada: QuebecSecession Referenceand Beyond 2019Assisted dying, suspended declarations, and dialogue’s time 2019Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States 2009The Unfulfilled Potential of the Court and Legislature Dialogue 2022Public Support for Canadian Courts: Understanding the Roles of Institutional Trust and Partisanship

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