Kelly looks at how governments react to judicial invalidation in Constraining the Court

The following is an excerpt from Constraining the Court: Judicial Power in Policy Implementation in the Charter Era, one of five books shortlisted for this year's Donner Prize, the best public policy book of the year.

James B. Kelly: 'This book should be read by any prime minister or premier that contemplates using Section 33 of the Charter of Rights, in a pre-emptive fashion.'Book cover and author's photo courtesy of UBC Press

Feature

BY JAMES B. KELLY

May 5, 2025

Activist judicial decisions have force. They have profile. And they command the constitutional moment when the highest court invalidates a statute. But do they always have policy impact? These are the core issues considered in this study that considers the interplay between ...

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