POL214Y1 Lecture Notes - Lecture 7: Human Rights Commission, Unemployment Benefits, Constitutional Reform In The Philippines
14 Nov 2014
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The courts and the constitution until 1980s, until new const. act, the idea of courts reviewing constitution evolved in a quiet, unannounced way. Now canadians are aware that courts are important in canadian constitution. Courts are now important in can. const. and is accepted by can. This was not the case in 1867. expectation was that they would behave in similar manner to b"s courts, but ours right now are more similar to us. Parliament is supreme in britain- whatever parliament passes is supreme, there is something called common law. In can. we went from parliamentary(?) const. to constitutional supremacy. Macdonald thought bna was so thorough and detailed that there would be no problem interpreting it, but he was so wrong. Constitutional interpretation (2: federal principal, look at it as a living creed. Charter interpretation (2: defer to legislature, broad expansive rulings, public opinion of charter. But this isn"t" necessarily true.
