POLB50Y3 Lecture Notes - Lecture 10: Liberal Democracy, Precedent, Safety Valve

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Feds ask supreme court for help; what"s going on -- constitutional law. Judges not elected but have lot of power on policy issues. 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. Tension between executive and judiciary (parliament vs. courts) Court final decision does not mean 1 size shoe fit all. Problem: true in theory but rendition not always clear. Catch: time limit - reviewed every 5 years. Safety valve - make sure courts don"t have too much power. Court has ruled: person becomes person when entirely out of birth canal. But have to acknowledge unelected judges have power. If change effects only 1 province can ask. What"s happened prior cases related to this issue.

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