POLI 221 Study Guide - Final Guide: Judicial Restraint, Canadian Civil Liberties Association, Legal Certainty
8 Aug 2016
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Constitutional supremacy verging on judicial supremacy-more active players in the political process. Judicial bombshells- they shock the system, judiciary is more active in the policy making process so many interest groups appeal to them. Courtroom is a new arena of pursuit for interest group politics- charter litigation- legal uncertainty tends to fuel litigation more than legal certainty. Extensive recourse to the courtroom as a policymaking arena, not necessarily the particular outcomes of litigation, that constitutes the heart of the charter revolution**** Charter revolution: driven by the constitutional documents, judicial interpreters, coalition of social interests- court party- promoted the growth of judicial power**** Charter of rights jurisprudence(1982-1998): court ruling in favour of rights claimants and striking down federal/provincial laws(shift from bill of rights to charter jurisprudence) Negative remedies: declarations that a government statue is invalid or that a government must cease behavior found unconstitutional, Affirmative remedies- they don"t just tell policy makers what not to do, but what they should do.
