Law 2101 Lecture 8: lecture 8
7 Oct 2016
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Document Summary
Constitutions are fundamentally different from ordinary legislation: nothing trumps constitution in law. Written in general rather than specific language. Vagueness of rights language: charter rights are general, charter rights are vague as opposed to statutes or legislation trust judges to interpret and read into them. Vagueness was necessary to get agreement to adopt charter. Charter rights are not in any clear or automatic way. Judges must set aside personal values and decide cases on impartial assessment. Must consider evidence and arguments before them. Limits generous interpretation by tying it to the purpose of the right. Purpose is a judicial construct; the court imbues the right with the purpose it considers appropriate. Once a purposive interpretation is given, it is easier to interpret reasonable limits on rights. Principles of fundamental justice: a law must not be overly vague, a law must not be arbitrary, a law must not be grossly disproportionate.
