ECON 367 Lecture Notes - Lecture 11: Brian Mulroney, Vagueness Doctrine, Negative And Positive Rights
Document Summary
1. i. ii. iii. iv. v. vi. vii. Charter (cr or ccrf) is law aimed at other lawmakers. Judicial review (jr) = j reviewing governmental process administrative law. Applies to public matters (individual v state) (dolphin delivery. Would apply to all cl & the judgements could only be amended by part vi) Cr may apply to/by tribunals as well (s. 24 cr: problems i. ii. iii. iv. v. Accountability: j have no democratic legitimacy - not elected - judicial committee (8, 4 appointed by federal g: g can gerrymander the system, started in 1988 -brian mulroney. Appointment of j"s is uk style, but function us style. Rule of law (objective or rational?) v politics (subjective, biased: critics viewpoint i. ii. iii. iv. v. Charter challenge under the cr is eroding democracy. J with no democratic accountability telling elected bodies what to do on the basis of a vague document.
