PHILOS 1B03 Lecture Notes - Lecture 8: Life Tenure, John Stuart Mill, Parliamentary Sovereignty
10 Dec 2015
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Document Summary
Based on westminster model parliamentary supremacy, bna act. 1982 new constitution act charter westminster model replaced with constitutional democracy. Charter limits on powers of parliament and other government bodies. Protection of minorities (e. g. muslims, gays, transgendered) and vulnerable individuals (e. g. defendant in criminal trial) Protection against ignorance, indifference, hatred and fear amongst the democratic community. Uniformity of rights, recognition and enforcement across jurisdictions. Representative role; belief in responsibility to implement wishes of electorate whatever these might be. Judiciary, (sober) necessary to police activities of legislative and executive branches. (drunk) Better able to protect individual & minority rights; unpopular decisions. Legislation violates rights in ways legislators could not forsee, circumstances of future rights violation too varied & unpredictable. Charter safety valve allows unintentional rights violations to be corrected. Legal power to declare laws or parts invalid, no force and effect, null and void. As if the law had never been created.
