Responsive Judicial Review in Canada: Reflections on the Notwithstanding Clause and Beyond

Résumé

This essay responds to the preceding papers in the special issue, which think through the implications of Responsive Judicial Review for Canadian debates on a range of questions, including: the scope of section 33 of the Charter, the role of unwritten constitutional principles, the protection of minority rights, federalism, and constitutional culture in Canadian constitutional law, and what the Canadian experience says about the promise and limits of responsive judicial review as a theory.