Not Quite Supreme: The Courts and Coordinate Constitutional Interpretation

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McGill-Queen's Press - MQUP, 2010 - LAW - 219 pages
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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.
 

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Contents

Sharing Interpretive Power
3
1 Judicial Supremacy Dialogue Theory and Coordinate Interpretation
17
2 Explaining the Hostility to Coordinate Interpretation
39
Partial Agency or Watertight Compartments?
53
Fusion or Ambivalence?
64
5 The Ambivalent Judicial Role in the Separation of Powers
83
6 Legal Pluralism after the Supreme Court Decides
102
7 Judicial Remedies and the Separation of Power
123
Some Final Words about the Final Say
145
Notes
153
Bibliography
197
Index
213
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