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Wrestling with Rights

其他書名	Judges, Parliament and the Making of Social Policy
出版	Institute for Research on Public Policy, 1999
URL	http://books.google.com.hk/books?id=uebAHAAACAAJ&hl=&source=gbs_api

註釋This paper examines how the Canadian Charter of Rights & Freedoms has affected policy making, tracing three federal legislative initiatives where rights considerations have played an important role. The first section discusses expectations in the literature about how representative institutions might respond to the Charter, particularly in situations where rights issues arise. Section two examines the federal government's internal processes for evaluating legislation from a Charter perspective. Sections three to five analyze the Charter's effects on legislative decision making in three policy areas: restrictions on tobacco product advertising, rules for conducting sexual assault trials, and access to victims' private records in sexual assault cases. Section six revisits the issue of how representative institutions are responding to the Charter and comments on tensions that arise between the judiciary and Parliament. The final section recommends a process to augment Parliament's role and effectiveness in evaluating legislation in light of Charter considerations.