The Supreme Court on Trial

Availability:
Ebook in EPUB format. Available for immediate download after we receive your order

DRM:
ACS4

Publication Year:
2016

ISBN-13: 9781552216194

The Supreme Court of Canada has been accused of usurping Canadian democracy on a long list of divisive topics, including assisted dying, sex work, supervised injection sites, same-sex marriage, labour relations, election spending, and health care policy. Some critics claim that the nine unelected judges on Canada’s highest Court have used the <i>Canadian Charter of Rights and Freedoms</i> to impose their own views on public policy over those of elected governments. This book joins the crucial debate about the <i>Charter</i>, the Court, and Canadian democracy, and was shortlisted for the Donner Prize in public policy when originally published.

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Some of the questions that Kent Roach considers in this important and timely book include: What is judicial activism? Is the <i>Charter </i>making us more like America, where the political nature of the judges appointed to the Court has become critical? Can judges simply read their own political preferences into the <i>Charter</i>? Are judges captive to special interests? What can governments and people do when they think the Court has got it wrong?

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This revised edition updates the continued dialogue between the Court and Canadian governments and society over <i>Charter </i>issues, including recent dialogues about assisted dying and supervised injection sites. It also responds to criticisms from some commentators that the dialogue between courts and the government is a fraudulent and undemocratic monologue, and from others who believe that this dialogue can undermine the rule of law. In short, <i>The Supreme Court on Trial</i> makes an important contribution to understanding the role of the Court and the <i>Charter </i>in our democracy.