Charter of Rights and Freedoms Part One

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17 Mar 2011
Lecture Six: Charter of Rights and Freedoms and Representation
Key Terms
Liberal Democracy
oLimited Government
oRights and Freedoms
oInalienable and Inalienable
o"No Harm" Principle
Charter of Rights
oBill of Rights, 1960
oConstitutional Entrenchment
oPatriation Reference, 1981
oNight of the Long Knives
oCharter of Rights and Freedoms, 1982
oReasonable Limits
oNotwithstanding Clause
Judicial Power
oLeast Dangerous Branch
oCountermajoritarian Difficulty
oJudicial Review
Review Party Discipline
Delegate Model of Representation
oPeople tell the representative what to do
Trustee Model
oDo what is best for the people with their own judgment
Descriptive Model
oMore important what you are than what you do
oEg. Women represent women; minorities represent minorities
Problems and benefits with all of them
First two are about the expression of interest; descriptive representation is
about appearances
Government is accountable to House of Commons
Party Discipline: MPs voting in alignment with their party
oNot for every issue; typically votes aren't whipped (practice of
enforcing party discipline) for moral issues
oConflict for democracy: democracy in Canada is contingent on the HoC
holding the government accountable, yet in actuality the government
influences heavily the decisions of the PMs
oIncreases the power of the executive and decreases the power of the
Reasons for strict part discipline
oSign of Cabinet is large compared to the HoC
Currently 38; as large as 42
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