1. The notwithstanding clause: A legislative weapon?
... understand its value and purpose, why is the notwithstanding clause-source of controversy and an infringement of rights-still included in the Constitution? One must recall that section 33 allows parliament to maintain supremacy over the judicial branch of government, and in doing so gives opportunity for legislation to pass without process or justification. Outcomes of the notwithstanding clause can be ... of laws and settling disputes. Judges are appointed because of their code of ethics and independence. The creation of a judiciary has nevertheless reduced the degree of popular control ...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate