Preface to the revised edition

• Author: Kent Roach
• Pages: 11-15

xi

Preface to the Revised Edition

The idea that courts and legislatures can engage in a democratic

and productive dialogue or interaction has been under intensive

critical scrutiny since the f‌irst edition of this book was published f‌if-

teen years ago. Those on both the left and the right who were uncom-

fortable with the increased power that the 1982 Canadian Charter of

Rights and Freedom gave to judges have claimed democratic dialogue is

the opposite of what it claims to be: it is an undemocratic monologue

based on judicial supremacy. Yet even those who believe that courts

have an important role in enforcing rights have expressed concerns

that the dialogue metaphor is inapt and vague, and that it can sacrif‌ice

values associated with the rule of law and the independent judiciary.

This revised version will update the story of democratic dialogue

and institutional interaction in Canada and attempt to answer its many

critics. Although most of the commentary on that dialogue has been

negative, the concept’s resilience is demonstrated by the fact that it is still

being vigorously debated. Many commentators are increasingly skep-

tical about the term “dialogue,” but many are still seeking alternatives to

legislative and judicial supremacy in Canada and in other democracies.

Understand ing dialogue or instit utional interact ion requires de-

tailed examination of the political and legal context of each country.

This book continues to focus on Canada and to make the claim that the

Chart er contemplates and promotes a democratic dialogue in which the

Court’s decisions on Charter rights (but not other parts of the Consti-

tution) can be limited and even overridden by ordinary legislation. It