Political Science 4203F/G Chapter Notes - Chapter Broadsky: United States Constitutional Law, Classical Liberalism
30 Jan 2020
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Document Summary
Strong social programs are needed to help poor people or they cannot enjoy the rights of the charter. Charter should be understood to require governments to ensure everyone has the same standard of living. Charter reinforced by canada"s obligation to international hr law. Charter encompasses positive obligations for gov to provide social assistance to ensure poorest people have adequate living standards. Charter also interpreted by gov; gatekeepers to courts, determining what issues are litigated. Heart of us constitutional law is classical liberalism; concerned w limiting gov power instead of positive gov action. Gosselin case - no state obligation to protect citizens from poverty; exacerbates conditions of inequality (especially for women) History of charter cases include few of class and few where poor prevail. Holds judicial consciousness is so hard-wired for classical constitutionalism. Inadequate and unequal access to exercise charter rights. Charter cases are almost never about poverty. Gov decide what types of cases get heard by the courts.
