LAWS 1000 Lecture 2: week 23-law and social change.docx
Document Summary
Charter optimists vs skeptics: the charter creates a debate between the judiciary and parliament, creates a whole new arena for social change. *legislators have to take individual rights more seriously: educative function- knowing that you have these rights arms the public with knowledge of what their rights are to defend against the state. Knopff and morton: they argue no substantive change since charter implemented, part of a larger movement of power. Abella: democracy is about dialogue, the charter allows for such debates, argues that skeptics fear the charter"s capacity for change. Mclachlin: argues that power has shifted from parliament to the government/bureaucracies. **the process for getting rid of judges is difficult. Judges act as a check on the power of government due to the charter: she argues that parliament leave judges no choice but to make decisions on divisive issues. Still questions and challenges: during khadr case, judges essentially told parl.
