Political Science 2230E Lecture 2: 2
23 Feb 2016
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Document Summary
One criical component is that laws are passed through the legislature only. Operates on the principle of stare decisis: legal precedent. The idea that precedence set by a court decision binds future decisions of that same court. Precedence binds the lower courts, but not another court of appeal. Criics argue that this disincion is now a icion, courts actually do make law now. The principle reason they say this is: pracice of judicial review. Judicial review in canada gives the judiciary a huge role in policy making and poliics, especially in the charter era. Judicial review is: power of the judiciary to declare laws that have been passed by the people"s representaive as null and void: courts can strike down wishes of elecive oicials, this challenges parliamentary supremacy. Basis of westminster system which is basis of canadian system. Judicial review is composed of: (1) form of federalism cases.
