CRIM 335 Lecture Notes - Lecture 4: Ultra Vires, Old Age, Statutory Interpretation
18 Jan 2018
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Document Summary
Judicial review was a key component of federalism prior to the charter: played the role of referee between levels of government regarding the division of powers, with the advent of the charter, courts have an expanded role. Legitimacy of judicial review is critiqued on several grounds including that it usurps. Parliamentary supremacy, undermines democracy, and allows judges to determine key moral and social policies that ought to be left to citizens, through their parliament, to decide. Legislative power, in accordance with jurisdiction, is granted to a specific branch of the government, where elected members of parliament are found. Foundation of democracy: executive power: prime minister and cabinet are responsible for executing (or applying) the laws and decisions made by the legislature. Judges can effectively re-write laws, scale down overly broad laws, alter the definitions of key terms, limit the sections to particular instances, etc.
