1. The notwithstanding clause: A legislative weapon?
... courts, and effectively make Canada a judiciary supreme state. The ongoing debate between the systems of parliamentary supremacy and judicial supremacy holds that judicial review is against the principle of majority rule because the courts are unrepresentative of the people. The essence of a democracy is to ensure that the ideas, criticisms, and general concept of a society are represented by its ... of control. With the power of the notwithstanding clause, legislatures can, against the principles of the Charter of Rights, arbitrarily deny the rights of a minority in response to majority...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate