PHL271H1 Lecture Notes - Lecture 5: Anti-Communism, American Civil War, Erectile Dysfunction
Document Summary
Cole judging the next emergency: judicial review and individual rights in times of crisis. Class notes (focus on section 1 and 2 of paper for the exam) The extent to which judges can enforce limits on the majority"s capacity to the impose their beliefs on others pragmatic question of the role of judges. The government is constrained by certain documents and the courts are meant to hold the government to those restraints. When people have complaints, the courts scrutinize legislation to make sure it is in line with the charter or the constitution: this is called judicial review. These are equally the times when we most need judges to protect minorities but it is also the time when it is hardest for these judges to act: this has been an urgent question since 9/11. In order to defend national security against terrorism, governments have thought it acceptable to breach certain civil rights in the interest of this national security.
