... notwithstanding clause, legislatures can, against the principles of the Charter of Rights, arbitrarily deny the rights of a minority in response to majority benefit or in response to political trifle. Professor John Whyte suggests that the primary reason for wanting to abandon the notwithstanding clause is: the anxiety that produced the political demand for the entrenched rights cannot rationally be calmed in ... suit legislature aspirations is one of the reasons the amendment formula for the Constitution is so rigid. A less severe amendment process might cause repetitive changes and di...

• Word Count: 3226
• Approx Pages: 13
• Has Bibliography
• Grade Level: Graduate