POL214Y1 Lecture Notes - Lecture 3: Originalism, Individual And Group Rights, Majority Rule

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22 Jan 2018
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Constitution is like a living tree a document that requires living representation. It is organic and adapts as time changes, so it must be read in a progressive way. It is dynamic and evolving. (cid:498)the living tree doctrine(cid:499) the framework or set of rules in canadian law used to constitution didn"t mention women, but it was implied they were included. Originalism is the contrast, much more prevalent in the us system, takes the. Jcpc ruled women were persons during edwards v canada case, in where the tree example. Same sex marriage e is an example of how to constitutions has been reviewed and amended over time. Basic premise of democracy is majority rules, but how canada makes democracy works is more complicated. Its not always a simple ladder of majority, not just of the entire nation, but of provinces. How to we take the majority but also take into consideration the rights and protection of minorities.

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