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The Politics of the Charter: The Illusive Promise of Constitutional Rights

Andrew Petter

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Abstract

CONTENTS Acknowledgements...4Introduction...7Chapter 1:The Politics of the Charter...26Chapter2:Charter Legitimacy on Trial: The Resistible Rise of Substantive Due Process...71Chapter 3:Private Rights/Public Wrongs: The Liberal Lie of the Charter...109Chapter 4:Canada's Charter Flight: Soaring Backwards into the Future...140Chapter 5:Rights in Conflict: The Dilemma of Charter Legitimacy...164Chapter 6:Rip Van Winkle in Charterland...190Chapter 7:Look Who's Talking Now: Dialogue Theory and the Return to Democracy...209Chapter 8:Wealthcare: The Politics of the Charter Revisited...233Chapter 9:Taking Dialogue Theory Much Too Seriously (Or Perhaps Charter Dialogue Isn't Such a Good Thing After All)...265Chapter 10:Legalise This: The Chartering of Canadian Politics...293Conclusion...321

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CONTENTS Acknowledgements...4Introduction...7Chapter 1:The Politics of the Charter...26Chapter2:Charter Legitimacy on Trial: The Resistible Rise of Substantive Due Process...71Chapter 3:Private Rights/Public Wrongs: The Liberal Lie of the Charter...109Chapter 4:Canada's Charter Flight: Soaring Backwards into the Future...140Chapter 5:Rights in Conflict: The Dilemma of Charter Legitimacy...164Chapter 6:Rip Van Winkle in Charterland...190Chapter 7:Look Who's Talking Now: Dialogue Theory and the Return to Democracy...209Chapter 8:Wealthcare: The Politics of the Charter Revisited...233Chapter 9:Taking Dialogue Theory Much Too Seriously (Or Perhaps Charter Dialogue Isn't Such a Good Thing After All)...265Chapter 10:Legalise This: The Chartering of Canadian Politics...293Conclusion...321

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CONTENTS Acknowledgements...4Introduction...7Chapter 1:The Politics of the Charter...26Chapter2:Charter Legitimacy on Trial: The Resistible Rise of Substantive Due Process...71Chapter 3:Private Rights/Public Wrongs: The Liberal Lie of the Charter...109Chapter 4:Canada's Charter Flight: Soaring Backwards into the Future...140Chapter 5:Rights in Conflict: The Dilemma of Charter Legitimacy...164Chapter 6:Rip Van Winkle in Charterland...190Chapter 7:Look Who's Talking Now: Dialogue Theory and the Return to Democracy...209Chapter 8:Wealthcare: The Politics of the Charter Revisited...233Chapter 9:Taking Dialogue Theory Much Too Seriously (Or Perhaps Charter Dialogue Isn't Such a Good Thing After All)...265Chapter 10:Legalise This: The Chartering of Canadian Politics...293Conclusion...321

Key concepts: Charter, Legitimacy, Politics, Political science, Law, Democratic legitimacy, Democracy, Dilemma

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