1. The notwithstanding clause: A legislative weapon?
The notwithstanding clause of section 33 in the Canadian Constitution gives legislatures the ability to pass laws that override essential guarantees of the Charter of Rights and Freedoms. ... It is the aim of the Charter of Rights and Freedoms to protect the rights of all Canadians equally, majority or minority. ... 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. ... The clause allows government to enact laws that infringe on...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate