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. ... Since the courts are not elected by the people, as politicians are, they are minimally coerced or swayed by majority opinion. ... 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. ... Mandel'...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate