HomeTag Archives: rights

Tag Archives: rights

Understanding Unconstitutionality

The following is an excerpt from Mr. Peltomaa’s recently published text, Understanding Unconstitutionality: How a Country Lost its Way.    Courts are often said to “strike down” laws that conflict with the Constitution. An image is evoked of black-robed judges hurling bolts of lightning in Zeus-like manner, thereby destroying the legal efficacy of unconstitutional laws and expunging them from the ...

Read More »

Protecting Rights: A Common Responsibility

“Are great public problems best addressed through institutions designed to apply the explicit technical knowledge of experts or by those designed to channel the implicit social knowledge of the community?”[1] Since the enactment of the Charter of Rights and Freedoms, Canada has experienced a remarkable shift from the latter forum to the former—namely, from legislature to courtroom.[2] Not only has ...

Read More »

The Courts are not Supreme Arbiters of Morality

In a post over at Slate, Omar Ha-Redye sets out what his title describes as “A Judicial Vision of Canada at 150 and Beyond“. The post is a rather rambling one, but insofar as I understand its overall purpose, it is meant to highlight the centrality of the Supreme Court to our constitutional framework, as illustrated in particular by the ...

Read More »