Political Science 2230E Chapter Notes - Chapter 19: Robert Bourassa, Manitoba Act, Affirmative Action
11 Mar 2016
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Reading 3 ch 19 the charter. Supremacy of parliament (britain) courts cannot overturn but have wide judicial discreion, rights and liberies are ingrained in culture. Rule of law every oicial act be based on law, codiied. Iniial inheritance of parliamentary supremacy from briish government civil liberies dependent on poliicians respecing them for protecing them in legislaion. Complicated by federalism allowed courts to engage in judicial review in division of powers, opening door to review in protecing rights and freedoms. Duplessis acted contrarily to rule of law: 1903 courts found asians being denied vote in bc within jurisdicion and okay. Pre-1960 both federal and provincial poliicians occasionally violated civil liberies which gave moive to diefenbaker to launch the bill of rights since courts could not uphold liberies alone. Replaced bill of rights, using much of its language but going further with democraic, mobility, aboriginal rights. Limit must be raionally connected to government objecive.
