Dialogue principle

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In Canadian constitutional law, the dialogue principle is an approach to the interpretation of the Canadian Charter of Rights and Freedoms where judicial review of legislation is said to be part of a "dialogue" between the legislatures and the courts. It specifically involves governments drafting legislation in response to court rulings and courts acknowledging the effort if the new legislation is challenged.

This approach was introduced by constitutional scholar Peter Hogg and has had acceptance in much of the academic world and in courts. Nevertheless, it remains a controversial principle as it attempts to justify what many critics see as judicial activism in the courts.

Further reading[edit]

  • Hogg, Peter; Bushell, Allison (1997). "The Charter Dialogue Between Courts and Legislatures". Osgoode Hall Law Journal. Osgoode Hall Law School, York University. 35 (1): 75–124. Retrieved 9 October 2012.