Political Science 2230E Chapter Notes - Chapter 7: Section 33 Of The Canadian Charter Of Rights And Freedoms, Judicial Restraint, Ultra Vires
27 Dec 2018
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No right or freedom is absolute (rights and freedoms may come into conflict, and it"s impractical) Section 1 of charter: rights and freedoms are subject to limits prescribed by law. Section 33 (1): allows parliament/provincial legislature to make laws even if it violates the guaranteed freedoms. Discourse of rights is always part of the political scene (charter has changed society) Freedoms: individual"s liberty to do/ believe certain without restraint from government. Universal declaration of human rightsblurry distinction between rights and freedoms. Rights: individual and group entitlements that are considered fundamental to human dignity, they receive special protection under the law and: political, democratic, legal, economic, equality rights, to name a few. There"s other types of rights too (language rights, environmental rights etc) Rights are often constructed out of concrete historical circumstances. To be recognized as legit, a rights claim must be linked to one or more of a society"s fundamental values.
