1. The notwithstanding clause: A legislative weapon?
... level) as methods 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 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 poin...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate