PHILOS 1B03 Quiz: Judicial Review and the Oakes Test
27 Jan 2016
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* objections to judicial review: radical disagreement. We cannot agree on what our rights are (can"t have them entrenched: judges and philosopher/moral kings. They are possessing superior moral interpretations (should be legal not moral kings: democracy. People then vs. people now (we may have different views then people previously did but laws are entrenched) Judges now vs. people, now (we are slaves to judges, where we should be self governing) Judges have to follow common law, treating like cases alike (precedent) The living tree; we should look at the charter as a living tree as it is able to grow and be flexible (growth within natural limits) The toy car model, timmy driving the car innocently vs. teenagers racing the toy car and being disruptive (no vehicles in the park law) Intent and how the car is being used. Law 1: do not drive over 100 km/hr (fixed)
