PPGC67H3 Lecture Notes - Lecture 4: Social Union Framework Agreement, Public Administration, Legal Personality
21 Jul 2013
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Legalization of politics: section 1 rights articulated in the charter are not absolute. Section 1 the reasonable limits clause= sets reasonable limits on all rights = exempt certain laws for the application of the charter. If: the objective of the government in limiting a charter right must be pressing and substantial and the means adopted must be impair the right as little as possible: section 33. In the areas of fundamental freedoms, legal rights and equality rights either level of government is allowed to pass legislation contrary to the charter (cannot circumvent democratic rights, mobility rights, linguistic rights) Example 1988- women"s groups- abortion rights: michael mandel. 1. judges make highly political decisions but disguise through legal interpretations and abstract principles. Challenges the idea that politicians make decisions that are popular, political and self-serving while judges decisions are impartial, object and rational. 2. charter has been sold as enhancing democracy and the power of the people.
