POL 101 Lecture Notes - Lecture 9: Utilitarianism, Section 33 Of The Canadian Charter Of Rights And Freedoms, Code Of Law

• School: Ryerson University
• Department: Politics and Public Administration
• Course: POL 101
• Professor: Joerg Wittenbrinck

Document Summary

C. b. macpherson: our democracy combines a large measure of individual liberty with a fair approximation of majority rule. Deotological versus utilitarian ethics: utalitarian"s say that there should be no absolute rights. Development of constitutional law and rights in canada. Historically: parliamentary supremacy and judicial review: the british bill of rights (1689, the u. s. bill of rights (1791) Canadian bill of rights 1960: individuals protection from the state. Constitution act 1982: charter of rights and freedoms. Supreme court judges are appointed by prime minister. Courts of first instance and apped process: unified provincial-federal system. How do judges make decisions: sources of law and the role of precedent, considerations legal, strategic, attitudinal legitimacy and enforcement. Political effects of the charter and judicial review. Primary of negative freedoms over social rights. The judcialization of politics: yes we do, americanization of canadian politics, larger effects of the dominance of law on society. Access to justice: time, money, solution, alternative dispute resolution.