Limiting Rights: The Dilemma of Judicial Review

Limiting Rights: The Dilemma of Judicial Review
ISBN-10
0773514376
ISBN-13
9780773514379
Category
Law
Pages
206
Language
English
Published
1996
Publisher
McGill-Queen's Press - MQUP
Author
Janet Hiebert

Description

Limiting Rights is an in-depth exploration of who is, and who should be, responsible for determining whether legislation that conflicts with the entrenched rights of the Charter of Rights and Freedoms should nevertheless be upheld as a reasonable limit on protected rights. Janet Hiebert addresses a topic that threatens to undermine claims that what courts do can be distinguished from the discretionary decisions of policy makers and raises concerns about whether judicial review of the Charter is consistent with democratic principles.

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