Law 2101 Study Guide - Quiz Guide: Euphemism, Civil Liberties, Justiciability
Document Summary
Court at court"s discretion: standing: demonstrate that they were affected by law in some direct way, traditionally standing was required to bring suit, supreme court relaxes standing requirements to allow more. Does applicant have a real stake in proceedings or is engaged in the issues the case raises. Invalidating legislation: distinguish remedies for legislation and actions that violate. Charter: legislation may be invalidated in whole or part of no force or effect to the extent of its inconsistency . Strike down: legislation may be reinterpreted/revised, legislation may be suspended for 6-18 months to allow legislature to address the problem, section 24 remedies for state actions that violate the. Court eliminates the words that give rise to the charter inconsistency, leaving the rest of the statute intact. Appropriate where severance is consistent with purpose of legislation, and has minimal fiscal consequences: reading-down overboard when applies to a broader range of things than it should.
