Political Science 3332F/G Chapter Huscoft: Political Science 3332F/G Chapter : 3322
4 Feb 2019
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No distinction between charter and court - charter means whatever the court says. People start to view as gov as enemy of rights while courts are champions of rights. Purpose was to counter-majoritarian difficulty - idea that the power the court has to strike down democratically elected law is undemocratic because it thwarts the will of representatives here and now. Hogg & bushell - judges have too much discretion in interpretation of constitution and interpret it in way that makes it in their favor. Charter leaves room for legislatures to respond to judges. Theory of constitutional interpretation or otherwise to help courts interpret charter. Satisfied as long as any legislative response follows a judicial decision of striking down legislation - even if action is to repeal legislation. Main function - rationalize judicial supremacy over interpretation of charter - does so by exaggerating power of democratic branch of gov to respond of judicial decisions.
