PHIL 2050 Lecture Notes - Lecture 31: Judiciary, Amicus Curiae, Narcotic Control Act
Document Summary
Historical: relatively new addition to canadian law, took effect april 17, 1982, replaced the bill of rights (1960, contributed to restatement of fundamental legal relationships between federal and provincial governments, and private citizens. Constitution, and crucially, expansion of judicial review: also, interveners (amicus curiae) are often permitted to make arguments before the supreme court in charter cases, the charter gives the judiciary power to review and declare valid or invalid legislation enacted buy elected representatives, otherwise put, the sovereignty of parliament is limited by the charter, and the extent of that limitation is determined by the judiciary. : the canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits (scope) prescribed by law as can be demonstrably justified (procedure) in a free and democratic society (moral test) (3) supremacy of the charter: section 52 the charter.
