SOSC 2350 Study Guide - Midterm Guide: Property Law, Proletariat, Complex Number
20 Dec 2016
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Sosc 2350: mid-term exam review: considering the readings by roach and madame justice mclachlin, discuss the issue of judicial activism. In discussing this question, be sure to use at least three examples. Judicial activism: when judges read their own preferences into the law. Judges maximize rights without regard to competing social values. Charter has hampered the ability of law enforcement to enforce the law. Charter has made it more difficult to get evidence before a judge. Focuses on individual rights over collective rights. Thesis: the charter has not given judges a larger role in the legal system, as canada"s system remains a parliamentary supremacy, although the risk of judicial activism when prescribing laws still remains. Example 1: the myth that the charter bestowed first-time rights upon canadians. Argument: it is commonly stated the canadian charter of rights and freedoms has altered the traditional constitutional relationship of the legislatures and the courts, replacing parliamentary supremacy (democracy) with judicial supremacy.
