Section 3 study guide

Section 3 study guide - Section #3 Study Guide Courts...

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Section #3 – Study Guide– Courts Charter Revolution - Citizens have a bigger role to play + the Charter altered the relationship between the state and organized interests o The peoples constitution The Charter, unlike the constitution act of 1867, specifically includes and gives rights to the citizens Made specifically with the people, lots of impact from the citizens (Canadians started to get involved with their political system) Interest Groups 11 men in suits no longer in effect (i.e. premiers and PM making all the decisions) Repatriation: Given the power “back” to the people o the willingness of interest groups to seek policy changes through the courts, and the creation of support networks for public interest litigation (makes Charter it more effective than it would be otherwise) - Judges have a direct role and impact on policy making process and, in addition, an increase in power 1 st when drafting the laws think of the charter they have legal advisors to make sure it’s charter worthy 2 nd when they’re created, double check they don’t conflict Charter Proofing o Changes in the Supreme Court—its ability to control its own docket and the appointment of more activist justices—ensured that the charter would have a greater effect on public policy than it would otherwise have had - most important: attitudes of judges toward their own role—in particular, the willingness of judges to challenge the other two branches of government— determine the Charter’s practical effect on the lives of Canadians - when judges defer to legislators or executive, their policy-making power shrinks - the Charter has expanded the policy influence of the judicial branch—although that influence is limited by the deficiencies of courts as policy-making institutions - since the early activist period of the Charter, judges have increasingly acknowledged that they lack the expertise to design and implement effective policies o Consequence: courts properly defer to the executive and the legislature in most instances - However, despite all of these changes, the impact on Canadian policy-making should not be over stated
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Interpretation o Pre 1949 o Pre 1982 Sections 91 and 92 o Post 1982 Charter of Rights and Freedoms : Courts are considered “guardians of the constitution,” it is there job, so they feel, to interpret the constitution, and the Charter and it’s use in current political policy, etc. read in: widens the application of the law read down: reinterpret a laws meaning in such a way as to narrow its application Case Law: The common law of constitutional jurisprudence - court party (add notes form articles) o interest groups using the courts to further their positions o Post Materialist issues: means that the interest groups that are apart of the court party are not looking for economic gains, rather recognition of something, constitutionalize their party references adding to the constitutional doctrine
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Section 3 study guide - Section #3 Study Guide Courts...

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