Political Science 2230E Chapter Notes - Chapter 7: Judicial Restraint, Section 33 Of The Canadian Charter Of Rights And Freedoms, Ultra Vires
19 Apr 2018
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No right or freedom is absolute: rights and freedoms may come into conflict, can become impractical, common sense suggests how far and in what circumstances the principles of linguistic equality and minority rights should apply. Universal declaration of human rights 1948: political rights, democratic rights, legal rights ie. right to due process, economic rights ie. right to own property, equality rights. Rights are often constructed out of concrete historical circumstances: no absolute rights that are adduced from human history, what may appear are obvious and uncontroversial rights claims. To be recognized as legitimate, a rights claim must be linked to one or more of a so(cid:272)iety"s fu(cid:374)da(cid:373)e(cid:374)tal (cid:448)alues. Critics say than an entrenched charter of rights would lead to americanization: americanization has two main features, more prominent policy role for unelected judges and a related decline in the status of elected legislatures. Increase in recourse to the courts to solve political disputes.
