Judging Democracy in Canada
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Canada’s constitutional democracy is far from perfect but the country has made significant progress since Confederation in 1867. In that time, no constitutional actor has been more important than the Supreme Court to defining and protecting the foundations of democracy. In this Essay prepared at the invitation of the Constitutional Research Institute of the Constitutional Court of Korea on the occasion of its 10th International Symposium, I examine the role of the Supreme Court in fashioning the principles that today define democracy in Canada. I examine five major questions answered by the Supreme Court in the course of its constitutional adjudication on democracy-related controversies. What are the foundational values in Canada’s democracy? Are rights infringements justifiable in our free and democratic society? Who has the right to vote in our democracy? What is the role of democracy in secession? And what is the role of the court in our democracy? The Court’s answers to these five essential questions go to the heart of the Canadian conception of constitutional democracy. The Court’s answers have moreover helped to cement the country’s status as one of the world’s most admired constitutional democracies.
Abstract
Canada’s constitutional democracy is far from perfect but the country has made significant progress since Confederation in 1867. In that time, no constitutional actor has been more important than the Supreme Court to defining and protecting the foundations of democracy. In this Essay prepared at the invitation of the Constitutional Research Institute of the Constitutional Court of Korea on the occasion of its 10th International Symposium, I examine the role of the Supreme Court in fashioning the principles that today define democracy in Canada. I examine five major questions answered by the Supreme Court in the course of its constitutional adjudication on democracy-related controversies. What are the foundational values in Canada’s democracy? Are rights infringements justifiable in our free and democratic society? Who has the right to vote in our democracy? What is the role of democracy in secession? And what is the role of the court in our democracy? The Court’s answers to these five essential questions go to the heart of the Canadian conception of constitutional democracy. The Court’s answers have moreover helped to cement the country’s status as one of the world’s most admired constitutional democracies.
참고문헌 (1)
- Beatty, David M., "The Ultimate Rule of Law" (2004), Oxford University Press