POLS 1400 Chapter Notes - Chapter 19: Padlock Law, Parliamentary Sovereignty, Section 33 Of The Canadian Charter Of Rights And Freedoms
30 Nov 2016
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Chapter 19: the charter of rights and freedoms. Civil liberties: consist of rights and freedoms that individuals enjoy beyond the reach of the government or the state. Rights and freedoms classified into four categories; political liberties, legal rights, equality rights and economic rights not enshrined in the charter. Courts cannot overturn legislation in britain do not have power of judicial review they have judicial discretion in the interpretation of laws. Rule of law: which requires that every official act be based on law. A discussion of protecting rights and freedoms in canada can be divided into three eras: parliamentary supremacy. Canada inherited the british system based on parliamentary restraint. Canadians civil liberties depended on politicians voluntarily respecting them or protecting them in legislation: implied bill of rights and freedoms. Allowed the courts to go beyond the division of powers in striking down legislation that violated rights and freedoms, but was rarely and inconsistently applied.
