Judicial activism in Canada

Type :

Presentation

Pages :

5 pages

Format :

.doc

Published date :

01/15/2009

Category :

Political science

Sub category :

Political science

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Summary :

Introduction.
Canadian courts: Grand decisions since the adoption of the Charter of Rights and Freedoms in 1982.
The behaviour of the Canadian courts.
The question of legitimacy in judicial activism.
Virulent criticisms and judicial activism.
Conclusion.
Bibliogaphy.

Abstract

In 1982, canada has known a very significant shift with the adoption of the Charter of Right of Freedom. Before this date, canada only had a Bill of Rights (1960's) which was a statute and did not allow the courts to restrict the action of the Parliament. But the 1982 Charter of Rights and Freedom has led to a rights revolution and canada has become a "jurisdocracy" (expression of Hirschl). Courts now have the opportunity to interpret the Constitution and to strike down some laws, if they consider that these laws do not respect people's rights. This could be seen as a progress but in fact, this has triggered off a lot of criticisms. As a matter of fact, Canadian courts do not hesitate to use their power a lot and this activism is sometimes considered as a threat. No one can deny that very important issues such as gay rights or euthanasia are now in the hands of unelected judges. Is this really their role? Some argue that courts in canada are too activist and are usurping the powers of elected legislatures. So we can wonder, to what extent court activism is a threat to Canadian democracy?