Head: JUDICIAL REVIEW

Canadian System of Judicial Review

Canadian System of Judicial Review

The experience of Canada in 1982, in accordance with the Charter of Rights is contrary to the orthodox understanding of judicial review as an agency that controls or blocking function. Political Charter in Canada showed that in the federal system, judicial review can also enhance the values and policies favored by the national government by members of the unit. (Laxer, 2002) Instead of weakening the political opportunities of the federal government, the Canadian Charter has extended its influence. This paper discusses if the Canadian system of judicial review of government actions based on the Charter of Rights and Freedoms requires substantial reform or not.

However before discussing Canadian system of judicial review of government actions, it must be understood that the Charter undermines the policy of provincial autonomy by providing a policy veto in the Supreme Court, an institution that is more responsive to the policy preferences of national elites, especially in the field of language policy. This is exacerbated by the French-English relations, given the large number of judicial nullifications restrictive language policies in Quebec. (Laxer, 2002) Elite is trying to compensate for the new Quebec constitutional amendments (such as Meech Lake agreement) have been frustrated by the emergence of a powerful coalition of interests postmaterialist that the use of procedures to promote their political objectives nonterritorial. These "Charter Canadians" are against the constitutional amendments that "weaken" the Charter or the court. This coalition has broken the Canadian government a monopoly on the historic process of constitutional amendment.

To promote the democratization of constitutional politics, the Charter of weakened institutions consociational democracy and elite accommodation. This has reduced the influence of all the provinces, especially in Quebec, thus contributing to the growth in the recent separatist tendencies in Quebec. (Laxer, 2002)

In 1982, Canada adopted its own constitution, which includes the Charter of Rights and Freedoms, enshrined a constitutional document that guarantees certain basic legal rights are subject only to such reasonable limits prescribed by the law, as is demonstrably justified in a free society and democracy "(article 1) . The equality provisions of the Constitution (Article 15) came into force in 1985. It has a dramatic impact on Canadian jurisprudence, that can not be ignored in any matter of public law in Canada. (Laxer, 2002) The Supreme Court of Canada, the highest appellate court issued a large number ...