Philosophy 2070E Lecture Notes - Lecture 6: Judicial Activism, Adversarial System, John Stuart Mill
25 Feb 2016
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Canada offered to join states, but more canadians had affinity with uk. Then federal government legislation always prevails only to extent to resolve constitution. Federal government goes to england and draft canada act. (act of british parliament) Prior to this, didn"t have bill of rights. Government can draft laws, but cant contradict constitution. Constitution made up of sources of interpretation of documents. Ask court to review decision of official act. More flexible than appeal, but standard is harder to meet. D has authority to take away liquor license: looks like absolute power. Nobody has untethered discretion: defines and limits gov action. Rule of law: going to be governed by law those rules can not be arbitrary everybody bound by same law. Not laws, but the way things were always done. In constitution law, can bring reference to court. Document as written cant be interpreted in another way. Some people think using charter takes too much freedom.
