1. The notwithstanding clause: A legislative weapon?
... 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 the face of the legislative power granted by section 33. That anxiety is simply this: political authority will, at some point, be exercised oppressively ... obey the law. By giving legislatures the power to overturn judicial review, the override clause is allowing governments to legislate against f...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate