PHILOS 1B03 Lecture Notes - Lecture 7: Section 33 Of The Canadian Charter Of Rights And Freedoms, Peter Hogg, Pass Laws
24 Sep 2016
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Problem: right are the subject of reasonable disagreement in the community. Charter rights are vaguely worded majestic generalities". Counter majoritarian critique: judge can turn down something all mps vote in favour for. Tyranny of the majority: minority groups could targeted. Important to have this legal court thing in set. Strong-court can declare laws inconsistent and so invalid ( strike down") Court can declare inconsistency (uk, nz) but must apply the law. Inconsistency only addressed if legislature chooses to amend or repeal the law. Uk experience declarations almost invariable followed. Court can declare law inconsistent and invalidate it. But legislature may reverse decision with ordinary legislation. Coined by peter hogg and alison bushell 1997. Attempt to explain/justify canadian judicial review model. Says that most judicial decisions striking down laws are not final; new legislation usually passed. Legislature can pass law to achieve same purpose following judicial decision striking down law because of s 1.
