Not Quite Supreme
The Courts and Coordinate Constitutional Interpretation
Format:Paperback
Publisher:McGill-Queen's University Press
Published:1st Jan '10
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A critique of the Supreme Court of Canada's power and a defence of Parliament's role in constitutional interpretation.
Baker argues that coordinate interpretation - a model which requires both elected and appointed officials to interpret the Charter - allows for the creation of a more robust democracy, alleviating some of the tension between constitutionalism and democracy while limiting judicial activism. Drawing on literature from Montesquieu to recent court decisions, Not Quite Supreme gives an extensive critique of both Canadian and American judicial models and explores the tensions between the separation of powers in both countries. Not Quite Supreme is a fresh and substantial contribution to the debate, advancing a new argument in support of a more diverse tradition of legal decision making in Canada that makes the constitution, rather than individual decisions of the Court, its cornerstone.
"Cogently argued and easy to read, this book is a serious piece of scholarship. It belongs in the company of books by some of America's most distinguished legal scholars." - Donald P. Kommers, Faculty of Law, University of Notre Dame
ISBN: 9780773536814
Dimensions: unknown
Weight: unknown
220 pages