POL337Y1 Lecture Notes - Sunset Provision, Originalism, General Idea
Document Summary
Section 1 is structured the operation of charter in a particular way. 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 election. 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. 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.
