CANADIAN CONSTRAINTS ON JUDICIALIZATION FROM WITHOUT

Authors
Citation
Ph. Russell, CANADIAN CONSTRAINTS ON JUDICIALIZATION FROM WITHOUT, International political science review, 15(2), 1994, pp. 165-175
Citations number
22
Categorie Soggetti
Political Science
ISSN journal
01925121
Volume
15
Issue
2
Year of publication
1994
Pages
165 - 175
Database
ISI
SICI code
0192-5121(1994)15:2<165:CCOJFW>2.0.ZU;2-Y
Abstract
Canada's adoption of a constitutional Charter of Rights and Freedoms h as led to a limited judicialization of politics which has been felt mo stly in the field of criminal justice. But judicialization in major fi elds of social and economic policy has been limited by the Charter's t erms and by judicial self-restraint. The Charter's principal impact on the country's political life is not a transfer of power to the judici ary but a juridicalization of political discourse. Divisive moral and constitutional issues have been permeated with ''rights talk.'' This m akes consensual resolution of these issues more difficult.