POLB50Y3 Lecture Notes - Lecture 10: Parliamentary Sovereignty, Liberal Democracy, Section 33 Of The Canadian Charter Of Rights And Freedoms
23 Dec 2012
School
Department
Course
Professor
Document Summary
The courts: charter - very important, court system. Feds ask supreme court for help; what"s: charter politics going on -- constitutional law. Judges not elected but have lot of power on policy issues. Case against: judges should not make policy. Should not be in business of making policy or writing law. Courts may pose largest threat to constitution democracy. Move to courts to try to affect change. Not being involved in systems weakens parliamentary democracy. Rights culture driven by charter has positive effect because courts can check executive power. Polb50 page 1 because courts can check executive power. Tension between executive and judiciary (parliament vs. courts) Legislatures can come back and legislate statutes. Problem: true in theory but rendition not always clear. Is it equal dialogue in democratic sense. Time limit - reviewed every 5 years. Safety valve - make sure courts don"t have too much power: why can"t we amend constitution. 2/3 of provinces has to pass resolution.
