On Judicial Review

The Day of Pentecost

GOD, who as at this time didst teach the hearts of thy faithful people, by the sending to them the light of thy Holy Spirit: Grant us by the same Spirit to have a right judgement in all things, and evermore to rejoice in his holy comfort; through the merits of Christ Jesus our Saviour, who liveth and reigneth with thee, in the unity of the same Spirit, one God, world without end. Amen.

Whitsunday

O GOD, who makest us glad with the yearly remembrance of the coming of the Holy Spirit upon thy disciples in Jerusalem: Grant that we who celebrate before thee the Feast of Pentecost may continue thine for ever, and daily increase in thy Holy Spirit, until we come to thine eternal kingdom; through Jesus Christ our Lord. Amen.

Collect for the Unity of the Christian Church

O LORD Jesus Christ who didst say unto thine Apostles, Peace I leave with you, my peace I give unto you: Regard not our sins, but the faith of thy Church, and grant unto it that peace and unity which is agreeable to thy will; who livest and reignest with the Father and the Holy Spirit, one God, world without end. Amen.

In law, the term judicial review refers to the process by which laws passed by legislatures are scrutinized by the courts against existing higher orders of law. In Canada, this generally means the Constitution Acts 1867 and 1982, with in the US this would be the US Constitution and its amendments, including the Bill of Rights.

This process creates an interaction between the governments which pass laws and the courts which interpret them, and in the late 1990s and early 2000s, two prominent Canadian constitutional scholars began to debate the nature of this relationship.

First, Prof. Peter Hogg advanced Dialogue Theory. In Hogg's theory, legislatures and courts interact in a dialogue, because when the courts making a judicial review ruling, legislatures have the ability to respond to that statement in a number of ways. For instance, the legislature could appeal a ruling to a higher court, enact a change to avoid the ruling in some way, retain the legislation in question by amending it or abandon it entirely. In Canada, where a court ruling invalidates legislation on the basis of the Charter of Rights, the legislature has an over-ride clause in the Charter that allows the law to operate notwithstanding the Court's ruling.

Two years later, Prof. F.L. Morten responded with a criticism and advanced what he called Monologue Theory that said that interactions were not a dialogue as Hogg had said, but a one-sided monologue from the courts. First, there is a lack of equality when the two bodies speak, because the courts speak with greater authority than legislatures. While the legislatures can act to get around the rulings, there is a status quo created when the courts rule that cannot be avoided.

At this point, the real question is what does this have to do with a blog on Christianity? It is, however, an interesting model to use to examine how humans relate to God, and is particularly pertinent to discuss on the Day of Pentecost.

In the Old Testament, prayer and offerings were the normal part of the life of a believing Jew. The way they interacted with God was far different, however. While all prayed and might bring offerings, it was the priests who were set apart who made the sacrifices to God, and only particular priests were permitted into the temple--into the presence of God. Only the High Priest was permitted to use the name of God, and then only in the holiest place in the temple and only on Yom Kippur.

Throughout the history of the Old Testament, God spoke to many different people, but it was always particular people for particular purposes. Raising up great kings and leaders or prophets and priests.

Morten's arguments about the disparity in power between parties seems very much to apply here. And why would it not? Who could argue with the majesty and greatness of God being incomprehensibly greater than that of humanity? God interacted with humanity almost exclusively in a monologue.

In the new covenant, however, there is a significant change. God no longer speaks only to particular individuals, he speaks to all. He doesn't speak to us for particular purposes and at particular times. He does not do it to raise up prophets or kings for the chosen people. He speaks to every person and for every purpose.

The point at which this changes comes with the fulfilment of Christ's promise recorded in the Gospel of St John: “I will ask the Father, and he will give you another Helper, to be with you for ever, even the Spirit of truth, whom the world cannot receive, because it neither sees him nor knows him. You know him, for he dwells with you and will be in you,” (St Jn 14. 16, 17).

In this passage, Christ promises the sending of the Holy Spirit, something which is recorded in Holy Scripture as happening on the Day of Pentecost. The Holy Spirit descended on the apostles and all believers like tongues of flame, and they were empowered by the Spirit.

In the Holy Spirit, the gift of dialogue was offered. God now speaks to all people, and not just for particular purposes, but for the greater purpose of of our sanctification. Christ was sent to bring about our reconciliation and through the Spirit, sent at Pentecost, we now are given the means by which we can now not simply pray to God, but hear him and converse with him.

It is astonishing that in reflection on prayer, most Christians first and foremost think of the promises made that when prayers are offered in Christ's name, they will be answered. Instead, should we not consider with great joy first and foremost that through the these gifts, God has made all believers equal in status with the great prophets of the Old Testament? Moses and Abraham, who spoke with God and received his instructions for them? Now it is a matter for all Christians to discern God's discussions with them and his will for them.

At Pentecost, it is customary to consider gifts of the Spirit. It is only natural given that they are one of the more visible results of the Holy Spirit alive in the life of a Christian. Yet, it is the gift of relationship, of conversation, with God which is truly the distinguishing characteristic for Christians, and which is not nearly celebrated enough. Everyone recognizes that one of the central tenets of Christianity is that personal relationship with God, which is enabled by Christ's passion on the cross, but it must also be recognized that once we are reconciled to God in Christ, it is by the Holy Spirit that our relationship with God is built. The opportunity for dialogue exists, and any Christian that ignores that, sticking to the monologues of the Old Testament, will be missing out on the full joy of a true, personal relationship with God the Father.