Table of Contents

Preface to the First Edition

Preface to the Revised Edition

Part One: What is Judicial Activism?

Chapter One: The Supreme Court on Trial

Chapter Two: The Endless American Debate

Chapter Three: Judicial Activism before the Charter

Chapter Four: The Charter’s Influential Response to Judicial Activism

Chapter Five: An American Debate Comes to Canada

Chapter Six: Four Dimensions of Judicial Activism

Part Two: The Extent of Judicial Activism

Chapter Seven: The Constrained Creativity of Judicial Law Making

Chapter Eight: The Limits of Public Law Adjudication

Chapter Nine: Judicial Acceptance of Limits on Rights

Chapter Ten: Dialogue between Courts and Legislatures

Part Three: Beyond Judicial Activism

Chapter Eleven: The Myths of Judicial Activism

Chapter Twelve: The Myths of Right Answers

Chapter Thirteen: Democratic Dialogue in Theory

Chapter Fourteen: Democratic Dialogue in Practice

Chapter Fifteen: Judicial Activism and Democratic Dialogue

Chapter Sixteen: Dialogue in Practice: 2001–2016

Chapter Seventeen: Dialogue in Theory: A Response to Critics




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