1. The notwithstanding clause: A legislative weapon?
... the principle that precedents from previous similar cases are binding to future cases, and are also subject to the process of appeal (at a provincial level) as methods of control. With the power of the notwithstanding clause, legislatures can, against the principles of the Charter of Rights, arbitrarily deny ... citizens and immigrants following the attack on the World Trade Centre. It is the court's responsibility to make decisions on an individual basis, free from political whim, and in the interest of the public. Judicial supremacy would thereby reduce the probability of minority oppr...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate