McGill Law Journal
Canada; Judicial Review; Canadian Charter of Rights and Freedoms; Constitutional law
The author examines two theories of judicial review under the Charter, one proposed by D.M. Beatty in Putting the Charter to Work: Designing a Constitutional Labour Code, and the other by P. Monahan in Politics and the Constitution: The Charter, Federalism and the Supreme Court of Canada. He demonstrates how each of these theories attempts to reconcile judicial review under the Charter with the principles of democracy by portraying it (judicial review) as a means for realizing these principles. He then argues that both efforts are ultimately unsuccessful and, indeed, only compound the problems they identify and set out to redress.
Joel C Bakan, "Strange Expectations: A Review of Two Theories of Judicial Review" (1990) 35:2 McGill LJ 439.