POL214Y1 Lecture Notes - Olivia Chow, Direct Democracy, Visible Minority
Document Summary
1 indicator- who"s in charge of taxation, banking, finance. canada- bias in is favour of the federal parliament- canada more decentralized than the. Judicial review of the constitution- property and civil rights. All matters of a local or private nature are provincial. Now with the charter, courts are mentioned in the constitution. Supreme law of canada- courts are there to interpret laws, unconsistant laws have no force or effect. Section 24- u can run off to a court and seek a remedy. Why did canada get a charter in the first place- in 1948, a universal declaration of human rights was adopted. John humphrew drafted the universal declaration of human rights. Federal parliament passed a canadian bill of rights. They could only legislate in areas under federal jurisdiction. Calling for a constitutionally entrenched bill of rights. Exchauten theory- exhausted by governments, charter challenges explicitly the idea of the supremacy of parliament.
