Political Science 3332F/G Lecture 6: week 6
3 Feb 2019
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Document Summary
The role of judges in canada is unique - not what they used to do, not what they do in other common law countries. Charter was an americanization of our constitution - other common law countries don"t let judges have this power. Parliamentary sovereign - no legislature can bind another one. Charter is not specific - part of constitution that is conceptionally vague; no instructions for application. Through bill of rights, courts are empowered to and interpret apply the terms. Section 1 is most important to understand in meaning of charter. Allows legislation to be passed that have "reasonable limits" on rights. More broadly right is defined the more likely there will be a law in conflict. If something isn"t in the charter, you rely on legislation to provide that right. Charter is based in standards, not rules. When courts deciding un/reasonable limits on rights. What"s the purpose of law limiting right.
