POLB30H3 Lecture Notes - Lecture 4: Jeremy Waldron, Paradox (Warez)
Document Summary
Courts decide whether statutes, lower court decisions, and administrative actions are consistent with the constitution. Should the court decide political issues (reference re: secession of quebec) Waluchow"s aim in this piece is to defend charters and also to defend to judicial review against objections notably against the objections made by jeremy waldron. Too static (stay the same and not change) They don"t pass the no reasonable disagreement test. They are anti-democratic (because the majority are bound by what other people decided in the past and this is by its logic a restriction on the popular will) They rest on a contradictory view of the person. Judges should not be treated as platonic kings. Moral objectivity is impossible/relativism (we live in a pluralist society with diff views) Charters are not necessarily as effective as proponents assume. Limited the hours a baker could work each day to ten hours a day.
