PLSC 2231 Lecture Notes - Lecture 5: Henry Morgentaler, Judicial Activism, The Wheel Of Time
20 Mar 2018
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Document Summary
The charter is an american-style addition to our constitution. It is an american-style because it imposes a judicial check (constraint) upon legislatures and politicians, as in the usa. The charter entrenches a number of codified rights. Rights are explicitly conveyed (enumerated) in the text of the document. These charter rights are those that we can claim against the state. These are rights guaranteed to us in most circumstances. Some advantages to codified rights : offers a clearer definition of rights, makes us more aware of our rights, provides clear mechanisms and procedures by which rights are upheld legally, particularly through the judicial system. *all laws must be consistent with the charter* Fo(cid:272)us is o(cid:374) people"s rights a(cid:374)d freedo(cid:373)s (cid:448)is- -vis the power of the state (governments and government institutions). Does not govern private relationships of individuals when interacting with one another. Those relationships may be covered in human rights codes, not the charter.
