POLI 1F90 Lecture Notes - Lecture 23: Section 33 Of The Canadian Charter Of Rights And Freedoms, Henry Morgentaler, Supreme Court Act
9 Oct 2015
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Law applied freshly theoretically to each case. Islamic law derived from koran and fatwas (decisions) of religious scholars. Enforce limits on elected officials: clinton"s line item veto 1998. Judiciary level decided this was not part of presidential duties. Law is ambiguous and circumstance change (internet, biotechnology, terrorism) Responsibility divided between federal and provincial levels. Federal government has exclusive right to pass criminal law. Because drivers licence is given by province, they can decide alcohol level (different in each province) even though driving impaired in a criminal offence. 3 must be from quebec (supreme court act, 1875) As of 2006, federal cabinet ministers and pm consult judges, quebec ag, canadian bar. Parliamentary panel (spms) shortens list to 3. In the us president brings forward a candidate to the senate, the senate then questions the candidate and decide if they can become part of the supreme court. Theoretically justice should be blind to gender, race, sexuality, position in society.
