1. The notwithstanding clause: A legislative weapon?
... of the notwithstanding clause, despites its benefits to society, only allows an act to be practiced for a period of five years, whereas judicial review through the limitation clause would allow for permanent change. The limitation clause possesses a further advantage over the notwithstanding clause for the reason that it forces conformity and consistency with the Charter's normative value structure. "In ... clause in the Constitution is unnecessarily causing risk and controversy. Canada's success with judicial review and its investment in the Constitution's normative value structure giv...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate