Principle of dialog

In constitutional law Canadian, the principle of dialog is a manner of interpreting the Canadian Charte of the rights and freedoms which considers that the legal exeman legislations belongs to a dialog between the legislatures and the courts. More precisely, it includes the introduction of new legislations by the governments in answer to the judgments of the court and the recognition by the court of the effort when the new legislation is disputed.

This approach was introduced by the constitutionnelaist Peter Hogg and was largely accepted by the academic world and the courts. Nevertheless, that remains a discussed principle since it tries to justify what many criticisms regard as legal Activisme.

Reading

Peter Hogg and Allison Bushell. The Charter Dialogs Between Courts And Legislatures (1997), 35 Osgoode Hall L.J. 75.

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