1. The notwithstanding clause: A legislative weapon?
That anxiety is simply this: political authority will, at some point, be exercised oppressively; that is, it will be exercised to impose very serious burdens of groups of people when there is no rational justification for doing so. ... Michael Mandel, associate professor at Osgoode Hall Law School, maintains that there has been an unfortunate transfer of power from representative legislature to an elite legal profession that creates a class bias. ... There are likely several circumstances where the drafters of the Constitution did not or could not foresee the current state of society. ....
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate