LS101 Lecture Notes - Lecture 3: Downtown Eastside, Summary Offence, Jury Trial
18 Nov 2018
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Organization of the law - the court system. Only elected officials can legitimately exercise power on behalf of the people governed. To function well, non-elected bodies like courts and ombudsmen must supplement the legislative institutions that are made up of elected officials. Defining the limits of legislative power of the provincial and federal governments. Defining the limits of constitutional rights and freedoms. 4 ways to understand the claim that judges are activist (and arguments against): Judges should never go against the will of elected representatives. Judges are the ones to determine whether or not a law is constitutionally valid. Judges are pursuing a particular political agenda and letting their political views determine the outcome of cases. Not suppose to pursue their own political views, only the law. A judge may rule in a way of their political beliefs; no evidence that judges are utilizing the law to pursue a particular political agenda.
