PHILOS 1B03 Lecture Notes - Lecture 2: Parliamentary Sovereignty, John Stuart Mill, Life Tenure
13 Nov 2014
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Our system of government was once based on the westminster model parliamentary supremacy bna act. 1982- new constitution act 1982; charter: westminster model replaced with constitutional democracy. Charter limits on powers of parliament and other government bodies. Charter limits enforced by judges (charter review) Why a charter: protection from official abuse of power, protection of minorities (e. g. muslims, gays, transgendered) and vulnerable individuals (e. g, protection of minorities (e. g. muslims, gays, transgendered) and vulnerable individuals (e. g. defendant in criminal trial) Ulysses rationally justified in arranging, in advance, a restriction on his freedom to choose and act later; enforced on his behalf by his sailors. Expression of community"s commitment to rights: uniformity of rights recognition and enforcement across jurisdictions. Why a charter review by judges: legislators motivated by: Representative role ; belief in responsibility to implement wishes of electorate whatever these might be: judiciary (peter sober) necessary to police activities of legislative and executive branches (peter drunk, judiciary:
