Political Science 3332F/G Lecture Notes - Lecture 3: Judicial Restraint, Upper Class, Tobacco Advertising
Document Summary
Major questions: what are the different approaches that courts can take to judicial review under the. In a liberal democratic regime it"s the people who choose the laws to which they are subject, that"s achieved in canada through a representative democracy. How do they differ: * missed notes on what is similar between them, argument from the left is that judicial review is expensive, which means the wealthy has advantages in getting charter litigations. The upper class have the advantage of shaping the courts interpretation of rights: ex. Corporations can go against legislations that constrict them ex. Look at equality rights in the context of racial equality, once upon a time equality meant equal but separate. The court party: politically, socially, and economically disadvantaged equality seekers (minority social groups, feminists, lgbtq etc. will use the charter to further their political goals. Positive obligations: obligations courts place on government.