1. The notwithstanding clause: A legislative weapon?
... that provisions for such a clause are unnecessary and irrationally dangerous. The notwithstanding clause should therefore be removed from the Charter on the basis that it denies judicial supremacy, that it is against the fundamental principles of Constitutionalism, and that it is of limited effective use in Canadian politics. In the last hundred years, Canada's use of the judiciary branch of government for adjudication has created a means for ... the protection and sustenance of fundamental rights and freedoms. The removal of section 33 of the Constitution would leave interpretation of ...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate