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POL337Y1 Lecture Notes - Sunset Provision, Originalism, General Idea

Political Science
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POL337 The Canadian Constitution
Lecture 15
Prof. Radmkovic
Jan 22 2013
Section 1 is structured the operation of charter in a particular way. It
invariably follows:
- Whether the challenged law derogates from the charter right. Some
people make structure that is associated with modern bill of rights.
- Canadian charter that us enacted across the world is modern in
that sense. Because of this, given that the charter itself explicitly
acknowledges itself and how it is limited by government
In Canada we don't have absolute rights because this charter says so.
- Prof is suspicious of this interpretation because it seems
everything us limited.
- Judges make sure things don't operate in an absolute manner. The
charter of rights and freedom creates new ground for the judicial
review of state action.
US doesn't include such judicial review. It has been the case that it's case
has assumed that role through individual courses. Thus charter of rights
and freedom is much more powerful and policy-laden form of judicial
review.Section 1 which is supposed to help supreme court which is ok
and not ok is also exceedingly vague.
Impact of charter of rights and freedomGiven this potential of civil
liberties, there is potential for "policy making" impacts.
- What kind of impact does it gave on Canadian politics?
- There is not much consensus. It has increased - almost everyone
would agree that it has much more politically act before 1982.
Beyond this there was a lot of disagreement.
Internationalist approaches
1. Originalism- provides judges general idea how they should
interpret meanings. Important because the charters right and
freedom is broad and hard to pinpoint. Filling out those rights are
given to judges as their duties. Judge that is keen on Originalism
would think that constitution is not alive. The content and
interpretation given to individual rights doesn't change over time
but remains the same. This theory serves to curve the judicial
power. The capacity to giving new meaning is not there. The
Originalism, when trying to give definite meaning, is always looking
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