PO210 Chapter Notes - Chapter 7: Peter Hogg
Document Summary
How has the charter influenced political life in. The charter has led to the judicialization of politics -- "the greater participation by the judiciary in fundamental policy debates that occur when courts determine the constitutionality of public policy by their consistency with rights and freedoms" Traditionally, policy making has fallen under the domain of legislature and executive. The shift towards judicial decisions being made in private by non- elected judges who are not accountable to the general public is considered to undermine the judicial process. Litigation does not allow for public debate on issues -- it is a zero sum game with a winner and a loser (no middle ground) Interactions between legislatures and courts in the context of charter challenges. When a law is declared unconstitutional, the legislature may enact a new law on the same subject, but must be mindful of judicial pronouncements that invalidated preceding legislation.
