CRIM 335 Chapter Notes - Chapter 2-3: Equal Protection Clause, John Stuart Mill, Supremacy Clause
7 Sep 2016
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Document Summary
Judiciary review on federalism grounds has been a feature of the canadian consituttion since the early days of confederation: but tradition of parliamentary supremacy remained strong, the charter added significantly to the judiciary"s power. Some question the qualifications of judges to decide political, moral and philosophical controversies; whether it is okay to give unelected and unaccountable judges a definitive say on these important matters. Section 1 allows legislatures to enact law and justify them. Section 33 allows law notwithstanding charter: justification for judicial review federalism. Charter puts courts in the position of overruling elected people. Critics argue that entrenched rights undermines democratic debate and decision making social and political justice transformed into legal questions, fearing that litigation in courts will replace open public debate on important issues of public policy. Vagueness and indeterminacy of constitutional language (liberty, equality, reasonable limits), open ended nature of charter increase judge"s power to impose their own values/views.
