SOC323H5 Chapter Notes -Statutory Interpretation
Document Summary
The charter of rights has given judges too much power. After the charter was introduced in canada, rights and freedoms were given constitutional status and judges were given power to strike down laws that infringed on them. Many laws have been struck down and some changed considerably by statutory interpretation and corrective techniques that courts have developed i. e. same-sex marriage legalized, abortion on demand and medicinal marijuana use. Our courts involved in charter litigation on everything from assisted suicide to prostitution and polygamy. Problem is that the charter is anything but self-executing: many vaguely written rights and courts have to interpret them judicial decisions interpreting and applying charter bound to be controversial. Many play down judicial power under the charter, rationalizing it in terms of. Dialogue" between legislature and the judiciary judges have no greater insights that the people when discussing moral and social issues: basic tools of legal reasoning not well suited to resolve moral and social issues.
