An Unashamed Majoritarian

James Allan

Research output: Contribution to journalArticle

Abstract

The author a Canadian teaching in Australia, challenges what he regards as the prevailing Canadian orthodoxy, one that he thinks gives the unelected judiciary too much power. He challenges the perception that rights, however understood and though fully supported, necessitate the construction of anti-majoritarian protections such as the Canadian Charter of Rights and Freedoms. Knowing that the Charter is here to stay he concludes by urging judges to adopt methods of interpretation that build in a much greater degree of deference to the legislature.
Original languageCanadian English
JournalDalhousie Law Journal
Issue number2.0
Publication statusPublished - Oct. 1 2004

Keywords

  • Canada
  • Australia
  • unelected judiciary
  • power
  • rights
  • majoritarian
  • Canadian Charter of Rights and Freedoms
  • legislature

Disciplines

  • Constitutional Law

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