ADJ-1 Lecture Notes - Lecture 13: Determinative, Purposive Approach, Vagueness
26 Oct 2020
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Vague- has a core idea, but context can help you understand it. Vagueness was necessary to get agreement to adopt the charter. It matters which judges are appointed to the supreme court. Each has their own set of values. Precedent may be of less force, as society changes. Judges must set aside personal values and make decisions based on impartial assessment. Judges must consider the evidence and the argument put before them. Judges should reflect the dominant views being expressed in society. Judges cannot use the vagueness to make the charter law mean whatever they want, instead, they look for precedent, what other judges said, etc. Constitutions are fundamentally different from ordinary legislation. Impossible to write out what all the freedoms and rights actually cover. Constitution was designed to be nearly impossible to amend. Original understanding of those who drafted it, or its original meaning, is not determinative: this is unlike the us.
