1. The notwithstanding clause: A legislative weapon?
... suppression of the guarantee." A form of checks and balances is also achieved through section 1 of the Charter. If legislatures cannot justify the encroachment of rights or freedoms, or if a law is too far removed from the Charter's normative structure, the courts will nullify the legislation as a denial of the Constitutional guarantees. Janet Hiebert, of McGill University, states that an advantage of judicial review is that it maintains the value system of the Constitution: The democratic tension posed by judicial review ... , which is generally assumed to be its counter-majoritarian te...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate