1. The notwithstanding clause: A legislative weapon?
... legislation entirely up to the 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 ... means of reviewing legislation to satisfy the courts, then the inclusion of the notwithstanding clause in the Constitution is unnecessarily causing risk and controversy. Canada's success with judicial r...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate