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POL337.Jan 29 2013.SP.docx

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Political Science
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POL337 – The Canadian Constitution Lecture 16 Prof. Radmkovic Jan 29 2013 IS.SP 1. Declaratory Relief - Flexible - 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. 2. Injunctions - As a remedy, injunctions are inflexible and specify certain breach of rights - Suggests rights - Less flexible and more demanding - Enthusiasts of civil liberties and rights protection regime will say they are also better and healthier for a right protection Remedies regarding the rulings of statutory unconstitutionality - Nullification or strik
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