PHILOS 1B03 Lecture Notes - Lecture 5: Liberal Democracy, Reverse Onus, Kent Roach
10 Apr 2016
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Charter a living tree capable of growth & expansion within its natural limits. Charter rights re ections of judges" moral beliefs. Judges" interpretations not based on judges" own, personal moral beliefs. Judges" interpretation based on community"s fundamental moral beliefs & commitments when peter sober. Peter sober recognizes moral/legal rights of ss couples to virtually all privileges & opportunities afforded to os couples ie. laws re: pensions, taxes, adoption, etc. Grounds: personal & social value of committed relationships ss or os, equality. Personal & social value of committed relationship. Ss marriage promotes value no less than os marriage. Denial of ss marriage discriminated for no good reason identical rationale apple. Denial violate community"s prior legal & moral commitments to equality charter, s. 2. Judge who strikes down legislation/previous judicial decisions restricting marriage to. Os couples: does not impose own moral views, applies community"s own moral & legal commitments to equality between heterosexuals & homosexuals peter sober.
