POLI 324 Lecture Notes - Lecture 1: Constitutionalism, Judicial Activism
3 Dec 2018
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Document Summary
Debate between: critics of judicial power and defenders of the scc. Left wing charter critics: petter, huscroft, mandel, bakan who contend that the judicialization of politics has benefited the powerful corporations at the expense of society. They have watched the rise of the judiciary as a political actor and are concerned with judicial hegemony. They contend that public policy concerning people"s rights has moved to the judicial arena via the power of large corporations. Critics of their views have noted that they have often disregarded the political forces which constrain judicial supremacy. Further the charter has encouraged judicialization from within the doj and thus in. Cabinet which has reduced the role of the scc in being the arbitrator of charter acceptable legislation. Conservative judicial critics: manfredi, baker, knopff who contend that the scc has become too activist and is not focused enough on individual liberties. As well that it has led to rights" politics where people litigate.
