POLS 1500 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, The Feminine Mystique, Kathleen Barry
Document Summary
Rights, judicial review, and judicial supremacy: judicial review. Parliamentary sovereignty: parliament"s authority is superior to that of all other institutions of government. 1. Judicial review: a process whereby the courts examine the actions of the government to determine if they are in accordance with the law in general and constitution in particular. Ultra vires: beyond the powers of the actor. Section 33 of the charter, the notwithstanding clause : parliament or the legislature of a province may expressly declare an act of. Parliament or of the legislatureshall operate notwithstanding a provision included in section 2 or sections 7-15 of this charter. Judicial activism: refers to judicial vigour in enforcing constitutional limitations on the other branches of government and a readiness to veto the policies of those branches of government on constitutional grounds. Michael mendel (2000): law is, by nature, conservative- it works to preserve existing inequalities.