POLI 324 Lecture Notes - Lecture 3: Section 33 Of The Canadian Charter Of Rights And Freedoms, Parliamentary Sovereignty, Patriation Reference
3 Dec 2018
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Unit 3: designing the charter of rights and freedoms. Key terms: framers" intent; unilateral patriation; patriation reference 1981; constitutional conventions; substantial provincial consent; executive federalism; Special joint committee; minority language education rights (section 23); constitutional politics and the charter. Thesis: that although the origins of the notwithstanding clause were clearly inspired by political necessity, the third notion of compromise (compromise of competing constitutional ideas) is also a persuasive interpretation of the ideas behind this power. Notions of compromise: compromise as political necessity, compromise of principles, compromise of competing constitutional ideas. The first use of compromise (political necessity) focuses on its instrumental value in brokering a political agreement for constitutional reforms between federal and provincials leaders that resulted in the constitution act 1982. The second use of compromise (principles) considered the notwithstanding clause to be inconsistent with robust and coherent legal-based rights project.
