Legitimacy of judicial review under Canadian charter of rights and freedom

Since the change of BNA Act of 1867 to Constitutional Act of 1982 and the entrenchment of Canadian Charter of Rights and Freedom, the role of Supreme Court of Canada has enormously expand in both legal and semipolitical realms in Canada. earlier the Constitution Act of 1982 and the entrenchment of Charter into the constitution, the courts largely dealt with matters regarding the component part of power between federal and provincial government. However afterward 1982, the courts became pro-active in determining the relation between the state and its citizen finished judicial polish up. Judicial review is the court?s ontogeny to determine the constitutionality of the executive and the legislative government?s political action as well as finding stunned whether a legislation, enacted by both branches of the government, infringes any members of the citizen. Although this may fail simple and excellent procedure to ensure Canadian democracy, the whim of judicial review has be one of the most controversial issues in Canada. Some people argue that leaving all important(predicate) political decisions to unelected judges and giving huge powers to court down the stairs the charter is unpopular. However such criticism of Canadian judicial review has largely emanated American experience of judicial review.



opposed American judicial review, where the courts have the final words, Canadian judicial review generates communicative democratic dialogue between executive, legislative governments and the courts to enhance Canadian Democracy.

As mentioned, the criticisms of Canadian judicial review mostly come from the American experience of the judicial review. thither are two major differences between Canada and U.S. judicial review, which admit Canadian government to engage in a democratic dialogue between legislature and judiciary. First of all, unlike U.S. there is the section 1 of reasonable limits clause, which allows legislature to enact laws that may limit certain rights from citizens. The court may be positive(p) by...

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