PHLB11H3 Final: Final study guide
Document Summary
The orthodox conception of charters is is not effective as the anti charter arguments are too strong against it. For this reason the living tree conception is created. The living tree conception is a great alternative to the orthodox conception as it retains the benefits of charters and avoids anti-charter objections. The orthodox conception: charters of rights and freedoms provide a stable fixed point of agreement on, and pre-commitment to, moral limits on the legitimate exercise of government authority. It protects the minority, against moral blindness, and the values central to democracy. Charter legalizes certain rights that majority may not know. Problem of reasonable disagreement: citizens can disagree on charter rights because it is a democracy fatal to orthodox picture of charters. Anti charter arguments: charter violates democratic ideal of self-government ignore will of people, majority cannot be trusted to protect rights of individuals (hobbsean predators).
