A+ Notes: Judicial Power

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1 Oct 2011
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Liberal Democracy
Limited Government
Rights and Freedoms
Inalienable and Inalienable
“No Harm Principle"
Charter of Rights
Bill of Rights, 1960
Constitutional Entrenchment
Patriation Reference, 1981
Night of the Long Knives
Charter of Rights and Freedoms, 1982
Reasonable Limits
Notwithstanding Clause
Judicial Power
Least Dangerous Branch
Countermajoritarian Difficulty
Judicial Review
Judicial Power and Charter
Liberal democracy as Gov’t (liberal > demo in liberal democracy)
limited gov’t
freedom of speech, religion, association/assembly
sphere of human activity where no one can decide, gov’t has no control
signature achievement of Western democracy
Liberal democracy as theory
rights are self-evident, inherent, inalienable
allowed to violate rights within reason
gov’ts formed to protect rights – restrict freedoms of one to protect others
no harm principle – allowed to do anything as long as it doesn’t violate other ppl’s
rights
gov’t limited by constitution – constitutional supremacy, not parliamentary
Development of the Charter
1960s: Bill of Rights Era CCRF
regular piece of legislation (can’t
override)
B of R rights could have been violated
not supreme
easily changeable
awkward for judges – can’t have
conflicting laws, which takes priority?
Bliss v. Canada (1979)
EI benefits, pregnancy
discrimination based on
pregnancy, not sex
1970 Abor. drinking
Bill of Rights used to strike
entrenched – any legislation conflicting
Consti. is not law
Patriation Reference
Feds, NB ON vs Que & Rest
Trudeau vs Levesque
Kitchen Accord aka “Night of the Long
Knives”
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