SOSC 2350 Lecture Notes - Lecture 14: Parliamentary Sovereignty, Judicial Activism, Negative And Positive Rights
20 Mar 2016
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Document Summary
Charter has reinvigorated debates about the place of law: law"s responsibilities and its limitations, its seductions and its prophetic significance. Majury"s article: consider effectiveness, limitations, unintended consequences, political. & social meanings of charter efforts to promote social change: charter pragmatism . Pragmatism=a practical approach to problems and affairs. Majury wants us to examine the areas where the charter may fall short of its promises and the equality guarantee provisions. Developed primarily by white, male, marxist left. Charter cedes power to the courts over the legislature (that is, issues of rights. & citizenry wrested from the political arena: i. e. rights decisions left to unelected judges who are largely unaccountable, both a left & conservative claim, courts as undemocratic . Judges don"t have to be concerned with certain things- for example: that people understand the law. This might explain why so many of us struggled when it came to do the case study.
