Political Science 3324F/G Lecture Notes - Lecture 4: Kent Roach, The Possession, Mens Rea
6 Dec 2017
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2nd questions: 1st reason is the kinds of questions that courts must deal with: abortion, same sex marriages, prostitution, etc. there is no way to convince people that judges aren"t political; courts are being to address very sensitive issues. 2nd reason public expectations about the role of the state in the. 20th century: modern welfare state and canadians have certain expectations about the state; state has to redistribute the recourses; canadians accepted the idea that positive obligations should be in action. Some judges became uncomfortable with the limitations about what courts should require the states to do about the rights violations; they also have split decisions. There were disagreements that led to showing the growing rejection of liberal legalism. This whole idea of law leads to right answers was basically bs; the judges were disagreeing a lot; and all of this occurs in public policies. The courts abandoned the idea behind hunter v. southam (1984) (scc).
