POL224Y1 Lecture Notes - Lecture 8: No Code, Provincial Superior, Unanimous Consent
Document Summary
Higher law containing written rules relative to the formal authority of the state. Describes organization of politics / fundamental rights in country. All decisions should be made by the parliament. No judicial review, no charter of rights, unentrenched constitution. The adherence of governments to the rules written in constitutions. Allows courts to invalidate legislation on the grounds that it is unconstitutional. Few courts invalidated legislation on groups of unconstitutionality except usa, mexico, and. Scc --> provincial courts of appeal --> provincial superior. Constitution act (1982) and canadian charter of rights and freedoms. Finds they are not in accordance and so of no force / effect. Parliament and the elected legislatures should be the only body creating and overseeing the passage of laws in canada. Respect the basic idea of democracy - that the majority of citizens can see their will reflected in the laws which govern them.
