POLS 2600 Lecture Notes - Lecture 4: Ultra Vires, Civil Rights Cases, Purposive Approach
4 Apr 2018
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The supreme court of canada and the charter of rights and freedoms. Ronald dworkin"s view similar to most canadians" view: Purpose: bring in a type of expertise that politics excludes legal expertise: the voice of the constitution (the past - previous laws) and jurisprudence. Made up of reputable, solid, expert, educated people in the field of law. Supreme court is the most respected political institution in canada. The history of the supreme court and the role of politics: Increasingly, the supreme court should be seen as political. Sc was founded in 1875, but it wasn"t the ultimate court of canada, the privy. There was a history of the provinces suing the federal government and winning a lot. Post great depression: bennett proposed 8 laws, the supreme court approves 3 and the other 5 are ultra vires outside of the powers of the federal government. Blame the privy court for not being able to solve problems of the.
