ECON 367 Lecture Notes - Lecture 16: Judicial Activism, Natural Justice, Gerrymandering
Document Summary
Econ 367: economic analysis of law (lecture 16) Role of the charter in the canadian system: The charter can be viewed as the judicial sector keeping an eye on law makers. It"s law to make sure that other laws follow the rules. Judicial review = challenging a government decision; known as the field of administrative law. Fiorillo case: accused of insider trading, he argues that the ontario securities commission breached the laws natural justice. Gerrymandering (political maneuvering) is common, because the structure of the system incentivizes it. You can challenge statutes on the basis of vagueness challenge the legitimate democratic process all the time. > this is called judicial activism = judges making laws when they should only be interpreting them! Unhappy people using the charter challenge, often to (cid:498)protect vulnerable groups(cid:499), = (cid:498)judges with no democratic accountability telling elected bodies what to do on the basis of a vague document(cid:499) There is no such thing as (cid:498)the law(cid:499)
