1. The notwithstanding clause: A legislative weapon?
... with the executive branch of government? Parliament is also capable of passing detrimental legislature, in which the notwithstanding clause would give them the ability to override the court's recognition that the act is an infringement on basic rights and freedoms. Judicial supremacy in Canada will force all legislation to be in context with the provisions of the Constitution ... maintains the value system of the Constitution: The democratic tension posed by judicial review, which is generally assumed to be its counter-majoritarian tendencies, is tempered by the recognition that the va...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate