POLI 1119 Lecture Notes - Social Democracy, Mootness, Parliamentary Sovereignty
Document Summary
Canadian bill of rights: entrenched bill of rights would alter power of governments, and it was clear in 1950s that some provinces would object. Quebec very conservative (e. g. women could not vote: conservatives under diefenbaker decided statue law was preferable and canadian bill of rights became law on 10 august. Legislative rights regime: initial court interpretation weakly limited it it could not be used to strike down law made prior to 1960 or practices from common law. Canadian charter of rights and freedoms: failure of statue law to entrench rights prompted need to elevate rights to constitutional law. Lead government to realize that it needed something stronger: courts now have ability to hold law to standards laid out in. Charter remedies: courts, if decided law breaches charter, are authorized in sec. Judges shouldn"t have the power to over rule parliament. Not much room for collective rights capitalism over socialism.
