1. The notwithstanding clause: A legislative weapon?
One must recall that section 33 allows parliament to maintain supremacy over the judicial branch of government, and in doing so gives opportunity for legislation to pass without process or justification. ... 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. ... Mandel's assumption of elitism is based on the fact that appointment to the Supreme Court requires at least some prominence in the law profession which is largely represented by the white and ...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate