Political Science 2230E Chapter Notes -Section 33 Of The Canadian Charter Of Rights And Freedoms, Pierre Trudeau, Fundamental Justice
29 Apr 2013
School
Department
Course
Professor
Document Summary
They are not enshrined in the charter. Both are held in check by public opinion, traditions, political culture and self-restraint. Courts do not have the power of judicial review in britain they have wide judicial discretion. Interpretation of laws and civil libertarian values have been introduced: american approach is to provide for a written statement of civil liberties in a constitutional bill of rights. If legislation is passed or the executive takes action that is felt to violate the bill of rights, such acts can be challenged in court. It is up to the courts to determine whether rights have been infringed upon or not. Courts thus have the power of judicial review and can overturn offensive legislation or executive acts. Both approaches are flawed and only focus on restricting government behavior: discrimination on a private level is usually left to human rights codes, each province in canada has such a code.
