POL214Y5 Chapter Notes - Chapter 11: Constitution Act, 1982, Section 33 Of The Canadian Charter Of Rights And Freedoms
Document Summary
Parliamentary supremacy the principle that parliament is the supreme law-making body whose ability to legislate has not been restricted by a superior constitutional document. Common law a body o flaw developed through the accumulation of court decisions that become binding decisions that become binding precedents for similar future cases. Implied bill of rights judicial theory that rights are implied by the preamble to the constitution act, 1867, and therefore could not be infringed upon by ordinary legislation. Canadian bill of rights an act of parliament passed in 1960 establishing various rights and freedoms that only applied to matters under federal jurisdiction. Charter of rights and freedoms as part of the constitution act, 1982, the. Charter is superior to ordinary legislation, allows the courts to invalidate legislation, and applied to the actions of all governments and organisations under the control of government. Social rights rights that require government action, such as the right to education, housing, or employment.