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Lect 5-Michael Mandel.docx

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Social Science
SOSC 3360
Jonathan Rudin

Michael Mandel October2113425 PM Canadian theorist he comes at this argument very differently he thinks the charter is an awful ideaHe does not like judicial reviewWants to say why judicial review is a big mistake Gives another distinction that mandel has from other theorist the others wants to say they are apolitical their position of political review was not from a particular view of how the world should be ordered All others would say they dont have any political perspectives just interest to find a way for judges to neutrally determine how the charter should be thoughtMandel starts form the position that he is only interested at advancing the working class takes a left wing perspectives in his analysis of the charter comes form a explicitly political place oThe charter makes things worse for the average CanadianThis terms is hard to use everyone wants to support the hard working Canadian family but what about the singles oHe says in his operating thesis is that working people are better off with a system we had before there was a charter than with a charter Charter gives more power for people who already have power oA very different theorist Important to acknowledge that there are a group of people who are charter skeptics The charter was sold to Canadians oWe didnt have a charter before Pierre Trudeau bringing it in oSo Canadians had to be sold told why the charter was good for us sold in a particular way and he sets this out at page 100 of his material Quote about judges will correct the way a grade school teacher will oEly talked about judges acting as refree Bickel talked about the court as sober second thought the idea of instant replay and this was how the charter was sold to Canadians Not going to pick sides just decide the case in front of you oThe trouble is the charter is full of vague clauses when Canadians first saw the charter it didnt really make sense oThe charter is not going to be determined so easy and thats not what people were told In fact whats difficult that people were not told form the charter is that it change the way in which democracy function Mandel is a big fan of democracy than he is of the poor The idea of judicial review helps is incorrect The charter represents an entirely different side of the rule of law the charter is mostly abstract ideals Rule of lawyers than to the rule of law quote oThis is significant because lawyers talk in particular way
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