POLSCI 1G06 Study Guide - Final Guide: Section 33 Of The Canadian Charter Of Rights And Freedoms, Rationality, Nuclear Proliferation
8 Dec 2013
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Document Summary
The charter attempts to manage a tension between democracy and rights. Section 33 notwithstanding clause of the charter allows government to violate rights regardless of supreme court. Judicial decisions are just as political as they are legal. Judiciaries are appointed therefore unaccountable (transferred power by parliament itself therefore unaccountable and free existent) Judiciary unrepresentative of canadians as a whole (problematic in coming from a legal background attempted to make decisions based on morals and ethics) Institutions not equally accessible (wealth pay a role in being able to access justice and influence the court; ability to hire a lawyer) Laws have to be passed through 3 levels: crown, house of commons and senate. Parliament in each element has the ability to shut down a law (house of commons especially) Majority government, new agendas are very likely to succeed. Difficult for minority agendas to have a chance in being heard.
