Philosophy 1B03 Essay #1
The Canadian Charter of Rights and Freedoms, in effect since April 17, 1982 guarantees the rights of individuals by a set of laws and their limits entrenched in the Canadian Constitution. The biggest priority of the Charter is to protect Canadians from the state and minorities from parliamentary majority. Legal rights to life, liberty and security are rooted in the Canadian Charter. This includes laws guaranteeing freedom of speech, press, religious practice, expression and peaceful assembly. The Charter also provides language rights, equality rights, and the freedom to move around Canada, live in Canada and leave Canada.
In this paper I will attempt to answer the question, are Charters or Bills of Rights vital to a healthy democracy? I will do this by first outlining what constitutes a healthy democracy and will then expand on the details of the Charter that uphold this type of democratic scheme of government. My arguments will be built as rebuttals to the views of Waldron and other critics of the Charter in Waluchow’s Constitutions as Living Trees: …show more content…
In this sense, the legislative assembly can reverse a law infringing on the Charter of rights that is invalidated by the judicial court. This upholds the notion of democracy because it continues to give the elected legislative the last word. In order to avoid legislative supremacy however, the reversal of a judicial claim is limited by the specific declaration by the legislative that they are passing a law “notwithstanding” specified laws in the Charter. This method of judicial review is present only in Canada because of section 33 of the Canadian Charter of Rights and Freedoms that reads, “…the Act of a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of [the] Charter”
The Canadian Charter of Rights and Freedoms, in effect since April 17, 1982 guarantees the rights of individuals by a set of laws and their limits entrenched in the Canadian Constitution. The biggest priority of the Charter is to protect Canadians from the state and minorities from parliamentary majority. Legal rights to life, liberty and security are rooted in the Canadian Charter. This includes laws guaranteeing freedom of speech, press, religious practice, expression and peaceful assembly. The Charter also provides language rights, equality rights, and the freedom to move around Canada, live in Canada and leave Canada.
In this paper I will attempt to answer the question, are Charters or Bills of Rights vital to a healthy democracy? I will do this by first outlining what constitutes a healthy democracy and will then expand on the details of the Charter that uphold this type of democratic scheme of government. My arguments will be built as rebuttals to the views of Waldron and other critics of the Charter in Waluchow’s Constitutions as Living Trees: …show more content…
In this sense, the legislative assembly can reverse a law infringing on the Charter of rights that is invalidated by the judicial court. This upholds the notion of democracy because it continues to give the elected legislative the last word. In order to avoid legislative supremacy however, the reversal of a judicial claim is limited by the specific declaration by the legislative that they are passing a law “notwithstanding” specified laws in the Charter. This method of judicial review is present only in Canada because of section 33 of the Canadian Charter of Rights and Freedoms that reads, “…the Act of a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of [the] Charter”