SOSC 1350 Chapter Notes -John Diefenbaker, Canadian Alliance, Indian Register
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Two competing conceptions, formal and substantive (continuing from last lecture) ^ gets rid of formal barriers and is fair, individual treatment before law. Substantive equality, not enough to get rid of formal barriers, but also to have positive policies to reduce disadvantages. ^ sometimes you have to treat people differently, to have equitable outcome. 4a theory to practice, principle of judicial review is why the bill of rights and canadian bill of rights is important, because they shaped the in conceptions of canada. Judicial review is the idea that judges may evaluate statues and laws, according the standards of higher law, and chose to not enforce that they find lacking, the higher law is always constitutions** Allows unelected judges to overrule law that are passed by politicians. Cannot vote judges out of law, but politicians you can vote them off. Quote by lord edward coke, is irrelevant, about a doctor who is practicing without a license.