The interpretive enterprise of Charter review, and the symbolic politics it has generated have had consequences far beyond the purview of Canadian courts and the parties, to constitutional litigation. The problems that plagued constitutional reform in the late 1980s and early 1990s, and that resulted in the demise of the Charlottetown Accord as well as of the federal Progressive Conservative Party itself, seemed intimately related to the politics of judicial review. Was there a common thread linking the problems of Canadian constitutional reform, interpretation, and theory? This work addresses these themes with a view of rethinking them in the context of Canadian liberal constitutionalism.
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Anthony A. Peacock is a member of the Bar of Ontario. After articling and practicing litigation for five years in Toronto, he moved to the Los Angeles area, where he government at Claremont McKenna College.
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