LAS312 Lecture Notes - Lecture 11: Parliamentary Sovereignty, Constitution Act, 1982
Document Summary
Can pass a piece of legislation that can violate your rights, and in that piece of legislation they need to state that they are violating your rights under section 33. Government must renew it ever 5yrs because it must be explicitly denoted by an act of parliament, thus the government is held to account by their citizens. Myth that the judge can avoid deciding charter issues that are not necessary to settle a live dispute. Critics believe that judges have a strong discretion when interpreting the vague phrases of the charter. The myth that the charter has replaced parliamentary supremacy with judicial supremacy. The myth that judges can decline to decide charter issues. The myth that criminals walk under the charter. The myth that the courts and parliament are adversaries. Constitution is the law prescribing the exercise of power by the organs of a state.
