POLS 3130 Lecture Notes - Lecture 8: Judicial Activism, Sexual Orientation, Jeremy Bentham
11 Dec 2015
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Judge had no legal authority to decree the law null and void or to change the law. Federalism was only basis for declaring law unconstitutional. Judges were limited to interpreting and applying law. Pre-charter, the only way to strike down a law was federalism (s. 91 & 92) Agricultural workers were exempt from minimum wage law to help the industry survive. Mushrooms were not listed in the description of what fit into the agricultural industry and therefore challenged because their employers were not following minimum wage laws. In context, mushroom farming is much like other types of farming therefore it can be safely said that it would"ve been in the framers" intent to lump in mushroom farming with the agricultural sector. Interveners would be present in this trial post-1982. Factums, social science, data would all be used to persuade the courts. This represents a move from an adjudicative model to a policy-making model.
