1. The notwithstanding clause: A legislative weapon?
The ongoing debate between the systems of parliamentary supremacy and judicial supremacy holds that judicial review is against the principle of majority rule because the courts are unrepresentative of the people. ... It is the aim of the Charter of Rights and Freedoms to protect the rights of all Canadians equally, majority or minority. Since the courts are not elected by the people, as politicians are, they are minimally coerced or swayed by majority opinion. ... With the power of the notwithstanding clause, legislatures can, against the principles of the Charter of Rights, arbitrarily den...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate