Facilitating intergovernmental dialogue: Federalism, judicial review and the supreme court of canada
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The decision of the Supreme Court of Canada in Canadian Western Bank v. Alberta (2007) was quickly hailed as the most important federalism ruling in 20 years. The decision has already been the subject of considerable academic commentary, but that academic commentary has been focussed, almost exclusively, on the doctrinal implications of the decision; there has been very little discussion of the underlying theory of federalism described in the decision. This paper will fill that gap. I will argue that, in Canadian Western Bank, the Supreme Court clearly outlines the theory of judicial review that has been animating its decision-making in division of powers cases, at times explicitly, but mostly implicitly, for at least the last ten years. Under this theory, the Supreme Court encourages the political branches to take the lead in defining the scope of the division of powers; the Supreme Court limits itself to facilitating an intergovernmental dialogue about the scope of the division of powers, and managing the conflict that results where the political branches fail to reach agreement.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Angelique EagleWoman, Strate V. A-1 Contractors: Intrusion Into the Sovereign Domain of Native Nations.
Added to index2009-05-24
Total downloads20 ( #82,881 of 1,098,129 )
Recent downloads (6 months)1 ( #283,807 of 1,098,129 )
How can I increase my downloads?