PPAS 4130 Lecture Notes - Lecture 6: Negative And Positive Rights
Document Summary
Americans believe that the charter has given the courts too much power in enforcing rights, that courts invented rights not found in the constitution, They actually have much in common because they both believe judges can read their personal preferences into the charter. All sceptical about the rights asserted in the charter litigation, All have majority faith in democracy and legislative supremacy. Charter recognized the role of positive rights under --/ R. v morin: williamson jordan framework responsible for outcome. Roach states that judges engage in activism when they are eager to inter/// Judges engage in activism when they give the righ//