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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 scholars Peter Hogg and Allison Bushell, 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

Constitution of Canada
Pre-Confederation constitutional documents
Confederation
Constitution Act, 1867
Powers under
Section 91
Powers under
Section 92
Amendments and other constitutional documents 1867–1982
Patriation
Constitution Act, 1982
Part I – Canadian Charter of Rights and Freedoms
Part II – Rights of the Aboriginal peoples of Canada
Part III – Equalization and regional disparities
Part V – Procedure for amending Constitution of Canada
Part VII – General
Conventions
Constitutional debate
Interpretation of the Constitution
Provincial constitutions of Canada


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