POLI 221 Chapter Notes - Chapter 11/16: Liberal Democracy, Judicial Activism, Neoconservatism
16 Dec 2015
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11/16 russell, the charter and canadian democracy at 25. The charter and the sinews of canadian democracy. Charter made courts maj player in moral issues. Usually, tho not always, ruled in fav of rights claimant. But court"s involvement has not seemed to impede public debate. But public is not, debate continues even after govt defers. Charter allows unelected judges to make policy. Sec 33 notwithstanding clause was supposed to counteract this, but is rarely used--tho it certainly has its place. Court adopted broad interpretations from the start. Immediately, much criticism of judicial activism as undemocratic. But criticisms never really defined ja/discounted its history/used it as a pejorative. Not so much for content, but for symbolism. And court eventually settled into more restrained behavior. Did not shy away from hot-button issues either. Charter most often used by courts to review police/exec actions/policies, not so much. This review is essential part of liberal democracy.
