ECON 367 Lecture Notes - Lecture 13: Vibraphone, State Actor, Pareto Efficiency
Document Summary
At h"s contempt hearing, allegations found to be untrue. H successfully sues m and cos under cl rule of defamation. Cos invokes s. 2(b) cr, saying cl rule of defamation is contrary to the cr. This is a private dispute; does cr apply to determine if defamation is consistent with the cr: held: no - from eldridge (no direct and precise connection to g ) 2. Rights a subset of values: the difference between cr rights and cr values. Court presumes that cl complies with cr i: court is deferential to cl, cr only applies in egregious cases to ii. iii. amend the cl. Oakes and s. 1 do not apply: court should just balance the values. Onus on complainant to prove both: there was a breach of a cr value, and, the breach was not justified, limitation clause: section 1 a. Protection of minority rights from the tyranny of the majority: three steps - onus to prove i.
