POLS 3140 Lecture Notes - Lecture 3: Canadian Charter Of Rights And Freedoms, Constitution Act, 1982, Manitoba Act
20 Jan 2017
School
Department
Course
Professor
Document Summary
Week 2: the canadian charter of rights and freedoms. Who makes common law: judge made law. Who makes statutory law is above, because if it is a simple common law ruling it can be disregarded by parliament disagree with judge, create new law: ex. Drunken rape laws: if inconsistency btw common and statutory statutory wins out. Any law that is in conflict with constitutional law is of no cause and effect. When a judge interprets a provision of the constitution, if parliament or legislature don"t like it, it is really hard to amend or change: would take decades. They are allowed to interpret which gives them power so when you expand it they get more power. 1960 diefenbaker bill of rights (progressive conservative: unable to amend the constitution. Was an act of parliament - no constitutional status: still exists, is still law.
