POLSCI 1AA3 Lecture Notes - Lecture 10: Section 33 Of The Canadian Charter Of Rights And Freedoms, Judicial Activism
16 Nov 2017
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What is the relationship between the charter of rights and freedoms and canadian. Is it democratic to empower an appointed court to overrule the decisions of an elected. The answer depends, in part, on how you define democracy. Certain critics have raised concerns about the political neutrality of courts. This opens space for the judiciary to impose their own interpretation onto the text of the. To interpret the constitution in a way that differs from that intended by the. In this light, the judicial activism literature raises a number of issues: B) is the institution equally accessible? from elected politicians to appointed justices. The overarching concern with respect to democracy: the charter has shifted power. The wishes of the electorate (as expressed by the house of commons) can be struck. Despite criticisms, the charter does make an attempt to manage the tension between the.
