| 000 -LEADER |
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| fixed length control field |
02624pab a2200157 454500 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
180718b1999 xxu||||| |||| 00| 0 eng d |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
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| Personal name |
Kelly, James B. |
| 245 ## - TITLE STATEMENT |
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| Title |
Bureaucratic activism and the charter of rights and freedoms: the Department of Justice and its entry into the centre of government |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
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| Date of publication, distribution, etc. |
1999 |
| 300 ## - PHYSICAL DESCRIPTION |
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| Extent |
p.476-511 |
| 362 ## - DATES OF PUBLICATION AND/OR SEQUENTIAL DESIGNATION |
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| Dates of publication and/or sequential designation |
Winter |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc. |
Scholarly works on the impact of the Charter of Rights and Freedoms have largely focused on judicial activism and its effect on the political executive's ability to advance its policy agenda. As such, these works have suggested that a vertical transfer of decision-making authority from the parliamentary arena to the judicial arena has been the primary outcome of Charter review. This article considers the emergence of an alternative form of activism that is a by-product of judicial review on Charter grounds. Specifically, this article suggests that politically generated bureaucratic activism, a process whereby the development of policy within the administrative state has been restructured to incorporate an extensive Charter review of policy proposals, has ensured that the political executive has retained control over its policy agenda and continues to govern from the centre. More importantly, this bureaucratic activism has been under the direction of the Department of Justice and has seen a transformation within both the conceptualization of the centre of government in Canada and our understanding of executive-support agencies. Specifically, because the Department of Justice monopolizes Charter advice within the federal bureaucracy, it has been deployed by the political executive to act as a countervailing source of Charter advice to that of the judiciary and, thus, Justice has entered the centre of government in Canada. This development is largely because the Department of Justice is an important actor that generates policy space for the political executive in the new policy environment by offsetting judicial power. Second, because the Department of Justice has assumed new roles and responsibilities that allow it to control and coordinate the policy activities of line departments, Justice has emerged as an executive-support agency. This latter development is the result of bureaucratic activism, which exists in two distinct forms, reactive and proactive bureaucratic activism, but it is only in the latter phase that Justice has entered the centre of government and emerged as an executive-support agency. - Reproduced |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
Civil service |
| 773 ## - HOST ITEM ENTRY |
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| Main entry heading |
Canadian Public Administration |
| 909 ## - |
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| -- |
45163 |
