Limiting Rights
The Dilemma of Judicial Review
Format:Hardback
Publisher:McGill-Queen's University Press
Published:1st Jun '96
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Through an extended analysis of Supreme Court decisions involving limits on protected rights, Hiebert explores the issues surrounding judicial review. She explores how difficult it is for judges to determine the reasonableness of legislative initiatives and examines the considerable influence exerted by Canadian politicians in decisions about which legislative activities will be considered justifiable limits on protected rights. Politicians have, in other words, helped define the very constraints that the Charter was intended to impose on them. Limiting Rights sheds light on one of the most contentious issues in a political system with entrenched rights.
"An informed and comprehensive account of the s.1 limitation clause. Limiting Rights provides a well-argued perspective on how the very nature of judicial decision making has been influenced by the structuring of the limitation clause. Hiebert's analysis of the implications for federalism posed by the limitation clause is particularly illuminating." Richard Sigurdson, Faculty of Arts and Education, University College of the Cariboo.
ISBN: 9780773514317
Dimensions: unknown
Weight: unknown
200 pages