Article contents
Ghosts of the Judicial Committee of the Privy Council: Group Politics and Charter Litigation in Canadian Political Science
Published online by Cambridge University Press: 01 March 2002
Extract
This article examines the criticism of the activist Supreme Court of Canada in Canadian political science, as exemplified by the work of F. L. Morton and Rainer Knopff. It compares the debate over the legitimacy of judicial review with a previous generation's debates over the same question with reference to the role and impact of the Judicial Committee of the Privy Council on the development of Canadian federalism. The article argues that, particularly in examining the role of groups in the litigation process, we need to return to the lessons of the previous debate on the JCPC by emphasizing the ways in which group politics and litigation are connected to power relations in Canadian society. In the conclusion, the article offers an alternative approach to exploring the theoretical and empirical relationships between collective actors and litigation based on the Canadian Charter of Rights and Freedoms.
- Type
- Research Article
- Information
- Canadian Journal of Political Science/Revue canadienne de science politique , Volume 35 , Issue 1 , March 2002 , pp. 3 - 29
- Copyright
- © The Canadian Political Science Association (l'Association canadienne de science politique) and/et la Société québécoise de science politique
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