POLS 3136 Study Guide - Midterm Guide: Patriation Reference, Arbitrary Arrest And Detention, Socalled

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Most common part of constitutional bill of rights: in liberal political theory rights conceived as means of protecting the individual from the state; rights mark sphere of freedom. In charter most provisions are negative rights: fundamental freedoms, mobility rights, legal rights, etc. Signify entitlements citizens may have in which the state is obliged to provide. Democratic rights could be viewed as positive rights: minimal education rights are positive rights (for select citizens); official bilingualism is a positive right. The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. Strict attention to rule of law: entick v. carrington 1765. Crown must prove case beyond reasonable doubt. Section 133 allowed bilingualism in both the federal parliament and the quebec provincial legislature, allowed for records to be kept in both languages, and allowed bilingualism in federal and quebec courts.