POLI 378 Lecture Notes - Lecture 19: Patriation Reference, Mootness, 18 Months
22 Apr 2018
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4 essay questions 5% each and then questions like midterm. We have seen that judicial activism has 3 axis. For active court will invalidate legislation when passed by parliament: institutional activism. The way the judges perform their role will change their position in the constitutional power in canada- taking more power by enlarging their access to court, witness, standing, political questions, etc- change the role. Discression to define number of remedies and so forth: interpretive activism. Interpreting the law and statutes- with this they can change policy progressively and incrementally. Even if this is not contrary to judicial function because most of the time power to interpret the law is recognized. Policy making is a consequence of an active court that is a policy making court. Active court will pass judgement what a legislative will usually do. To create rules, a policy maker will design goals and choose means to achieve a certain result.
