Reconciling Parliament and Rights: A. V. Dicey Reads the Canadian Charter of Rights and Freedoms

Abstract

AbstractIn The Law of the Constitution, Dicey contends that parliamentary sovereignty guarantees rights. An absurd claim? Perhaps. But sympathetic exploration shows he is relying on assumptions central to liberal constitutionalism about the power of free speech and partisan debate to effect good laws. He expects rights guarantees to emerge from the contest among parties in the legislature. Reading Dicey today shows how deep-seated is the loss of confidence in parliamentary deliberation, and raises an awkward question: Is the very idea of parliamentary democracy in jeopardy?