POL337Y1 Lecture Notes - Sexual Orientation, Security Certificate
Document Summary
Stating what the rights are for the case leaves options to the parties of how they will go about in addressing the claim. They are more deferential and less activists than remedies. For that reason they can be attractive to the courts. Judges do not have the power to implement that decision. When they start shooting remedies, they will ignore them: injunctions. As a remedy, injunctions are inflexible and specify certain breach of rights. Enthusiasts of civil liberties and rights protection regime will say they are also better and healthier for a right protection. Nullification or striking down: invalidated law. Judges are becoming more involved with policy making. That factor pushes them to diversify: standard use of canadian charter. Severance and partial invalidity: well-tuned to the policy environment they are facing, more vague than traditional.
