POLI 101 Lecture Notes - Gerrymandering, Institute For Operations Research And The Management Sciences, Plurality Voting System
Document Summary
Any law prohibiting freedom of speech is a violation of freedom of speech. Question is partially solved through the oakes test. Some question whether the charter gives the judiciary or legislature more power. Charter balances power between the judiciary and legislature. Not difficult to prove right has been violated in the first place. Bc government created legislation to limit what 3rd parties can spend during elections on advertising etc. The court ruled that this law minimally impaired the right to spend, and the limitation may persist (means found proportional) Courts are deferential to parliament on questions of purpose, less so on means. Deference introduces the notion of dialogue between the judiciary and legislature behavior. Prior to legislation being passed/defeated, legal experts in government are able to tailor it according to where courts might/might not allow limit on a right to exist.
