POL 2101 Lecture Notes - Lecture 16: Section 33 Of The Canadian Charter Of Rights And Freedoms, Judicial Activism, Decommodification
6 Apr 2016
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Often viewed negatively, particularly because it has been used by quebec. Federal government has never used the notwithstanding clause, although provinces have used it in the past (quebec) Emerged from the introduction of the charter (moved from judicial supremacy to constitutional supremacy) Controversy: some academics argue that the courts have a tendency to side with certain groups over others. Additionally, others argue that the courts interpret the charter in such a way as to add new rights . Judicial activism: describes judicial rulings suspected of being based on personal or political considerations rather than on an existing law. Opposite of judicial activism is judicial restraint : focusing on the strict texts of the laws as they were written give benefit of the doubt to politicians. Historically, arguments against judicial activism emerge from the left (because the. Privy council was thought to be making extremely conservative rulings) Recently, michael mandle (professor as york university"s law school) and.
