POL224Y1 Lecture Notes - Visible Minority, Henry Morgentaler, Liberal Conservatism
Document Summary
Corporations can go to court and establish principles that are good for them. Corporation is a person under the charter (though not all of them) Class background of judges, cost of litigation, intrinsic individualism of charter. Corporations see the principle of individual private property as vital. Right: (knopff & morton, manfredi) charter decisions favor special interests (minorities); feminists, gays, visible minorities. Linked to scc via court party including legal clerks. Clerks are lawyers that provide judge with background info on a case. Clerks are selected by the administration to have a pro-rights liberal point of view. Most judges are actually moderate, while you have the right to challenge the charter, you should be willing to yield to it reasonably. Another defense of judicialization is that apparent activism reflects blame-avoidance by government (morgentaler) Gov wants to avoid taking blame so they let the judiciary legislates touchy issues like abortion. To this day no government has legislated abortion laws.
