POL224Y1 Lecture Notes - Lecture 1: Section 33 Of The Canadian Charter Of Rights And Freedoms, Reverse Onus, Hashish
Document Summary
New trend to watch out for: increasing influence of judicial branch. Codified = formal, written: codified or uncodified, the first codified constitution/canada"s inspiration = u. s. a, uncodified = no written component. Conventions hold a lot of weight: uncodified constitutions are really rare, examples being uk, nz, israel, britain"s constitution = conventions + important" historical documents, like the magna. Note that they are important" documents only by convention. Entrenched or unentrenched: entrenched = the constitution has a formal mechanism for making amendments, which usually makes it really difficult to change, canada"s constitution was unentrenched until 1982. If the constitution isn"t codified, then there"d be nothing to amend anyways. Judicial review (jr) or no judicial review: jr = when judges have the power to invalidate a law on grounds that it"s unconstitutional, a. k. a. Constitutional review in europe: jr in canada was informal/enforced by convention only, until 1982. Concrete cases (must feel force of law, first) A priori and a posteriori: a clash bw.
