Canada has contributed an important idea to constitutional thought about how to conceive of legislative responsibilities under a bill of rights. This idea, which can be referred to as legislative rights review, suggests that rights should become a core consideration when evaluating proposed legislation. The idea has been borrowed by several other parliamentary jurisdictions, despite the fact that it has never functioned effectively in Canada. The paper argues that Canada should revisit the benefits associated with legislative rights review, and discusses reforms to revitalize how it operates in Canada, which are influenced by the United Kingdom’s adaptation of the idea of legislative rights review.
Hiebert, Janet L..
"Parliamentary Engagement with the Charter: Rethinking the Idea of Legislative Rights Review."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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