CONSTITUTIONAL DIALOGUES BETWEEN COURTS AND LEGISLATURES: CAN WE TALK?

The Honourable Chief Justice Catherine A Fraser

Abstract


The topic we have been asked to address is Courts on Legislatures.1 This raises the issue about the nature of the relationship between courts and legislatures in a constitutional democracy (and for my purposes, I treat the executive and legislative branches as one). The relationship between courts and legislatures is complex and challenging. However, it need not be controversial and conflicted as long as each understands and respects the institutional role played by the other – and the dividing line between them.


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