Bedford, Substantive Rationality, and Participatory Democracy

SKU: 61955.03

This paper focuses on the constitutional doctrine at work in Canada (Attorney General) v Bedford. Following an overview of the Bedford decision and a brief discussion of the threshold issues of “security of the person” and “legislative causation”, the author offers a theory of fundamental justice, before providing an account of the constitutional principles against arbitrariness, overbreadth, and gross disproportionality. This paper concludes with some reflections on the possible revitalization of s 1 of the Charter in s 7 cases.

This paper was presented at the Constitutional Law Symposium in October 2014.

 

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