POLSCI 1G06 Lecture Notes - Lecture 18: Judicial Activism, Section 33 Of The Canadian Charter Of Rights And Freedoms, Anti-Abortion Movements
19 Dec 2016
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Wednesday, January 27, 2016
Political Science The Constitution Lecture 4
Political Science 1G06 2016 II Lecture 4b The Canadian Constitution
-What is the relationship between the Charter of Rights and Freedoms and Canadian
Democracy?
-Is it democratic to empower an appointed court to overrule the decisions of an elected
government?
-The answer depends, in part, on how you define democracy
-Certain critics have raised concerns about the political neutrality of Courts
•Concerns with “judicial activism” - element of interpretation associated with judicial activism
•28% of court cases have a dissenting opinion
•What bases are courts making their decision?
-Proposition: Judicial decisions rely on interpretation – what does the Constitution mean in
this particular circumstance?
-This opens space for the judiciary to impose their own interpretation onto the text of the
Constitution
•To interpret the Constitution in a way that differs from that intended by the Constitution’s
framers
-This suggests that the social and political character of the judiciary may be relevant to the
interpretation they provide
A. Is the Judiciary representative of Canadian society?
B. Is the institution equally accessible?
- It is not equal because you have to have legal expertise which involves having a lot of money
to do so
-Therefore, the wealthy have it a lot easier in regards to accessing the courts
-Does wealth play a role in being able to access justice and influence the Court?
C. The Judiciary is appointed and therefore unaccountable (unlike elected politicians
who can be voted out of office)
-gives justice independence (aren’t afraid of being fired, make decisions based on what they
feel is right, and so on)
-Consequence: waters down accountability, once you become justice you’re only accountable
to yourself and other justices
-However if elected politicians make decisions you do not agree with you can kick them out
next decision
-Judges- have 10 year and therefore only accountable to themselves in regards to decision
making
Despite criticisms
•The Charter does make an attempt to manage the tension between the power of the Courts
and the power of Parliament
-The rights provided for in the Charter can be overridden (in certain circumstances) by the
elected legislature
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Document Summary
Political science 1g06 2016 ii lecture 4b the canadian constitution. What is the relationship between the charter of rights and freedoms and canadian. The answer depends, in part, on how you de ne democracy. This opens space for the judiciary to impose their own interpretation onto the text of the. Constitution: to interpret the constitution in a way that differs from that intended by the constitution"s framers. This suggests that the social and political character of the judiciary may be relevant to the interpretation they provide. It is not equal because you have to have legal expertise which involves having a lot of money to do so. Therefore, the wealthy have it a lot easier in regards to accessing the courts. Does wealth play a role in being able to access justice and in uence the court: the judiciary is appointed and therefore unaccountable (unlike elected politicians who can be voted out of of ce)
