Contested constitutionalism reflections on the canadian charter of rights and freedoms contested constitutionalism reflections on the canadian charter of rights and freedoms series law and society ubc press the introduction of the canadian charter of rights and freedoms in 1982 was accompanied by much fanfare and public debate. The introduction of the canadian charter of rights and freedoms in 1982 was accompanied by much fanfare and public debate and it remains the subject of controversy today contested constitutionalism does not celebrate the charter it offers a critique by distinguished scholars of law and political science of its effect on democracy judicial . The canadian charter of rights and freedoms french la charte canadienne des droits et libertes in canada often simply called the charter is a bill of rights entrenched in the constitution of canadait forms the first part of the constitution act 1982the charter guarantees certain political rights to canadian citizens and civil rights of everyone in canada from the policies and actions . Constitution act 1982 includes the canadian charter of rights and freedoms prior to the charter various statutes protected an assortment of civil rights and obligations but nothing was enshrined in the constitution until 1982 the charter has thus placed a strong focus upon individual and collective rights of the people of canada. Contested constitutionalism and the canadian charter of rights and freedoms james b kelly and christopher p manfredi legalise this the chartering of canadian politics andrew petter rationalizing judicial power the mischief of dialogue theory grant huscroft courting controversy strategic judicial decision making rainer
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