Political Science 3332F/G Lecture Notes - Lecture 7: Parliamentary Sovereignty, Judicial Activism, Adversarial System
3 Feb 2019
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Document Summary
Huscroft appointed by harper and appointed because he was skeptical of judicial activism. Parliamentary supremacy - parliament superior to the courts. Parliament can respond so much quicker to an issue. People are kept engaged in the political process. Avoid the issue of going through an expensive legal system (that is advantageous to people with money) Federalism - would not allow judges to transfer powers from one government to another if it does not work well: In normal times, legislatures usually have a tendency to stomp on people"s rights, even worse in an emergency/war time (trudeau and diefenbaker have experience with this) Parliamentary supremacist will direct people away from the courts. Judicial supremacy - judiciary is has the final word. Peoplewhoareopposedwillpointoutthatininterpreting,theyar e making laws and imposing laws on people. Rights-talk will lead to egoism, legalism, dogmatism, and elitism. Scc is not very well-equipped to make laws (as pointed out in. Judicial supremacy is not very democratic.
