PHILOS 1B03 Lecture : Philosophy 1B03 January 27th 2014.docx
9 Feb 2014
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Dialogic judicial review and its" critics: objective: to defend a form of constitutionalism practiced in canada, refers to a constitutional design, that allows rights, as contained in a bill of rights and as interpreted by the courts, to be limited or overridden by the ordinary legislation of a democratically , a constitutional system that resists both judicial and legislative assembly, allows governments to revise and reverse decision made by courts, how does it accomplish this, legislature: makes laws for us, it does so respectfully to two provisions contained in the charter, provision 1: Section 1, reasonable limits clause: guarantees the rights and freedoms to citizens, with reasonable limits, r v. oakes, r v. keegstra, for some piece of legislation to be a reasonable limit , it must, address a societal concern that is pressing and substantial, restrict the right in question as minimally as possible, uphold a proportionality between the objective and the infringement, provision 2:
