The Canadian Charter has been used as a model for other countries seeking to entrench constitutional rights..
Among the most attractive features of the Canadian model for other countries is the existence of sections 1 and 33. It is argued that these sections strike the necessary balance between the courts and the legislature when dealing with judicial review. What balance do these sections strike? What are advantages and disadvantages of having such sections in a constitution? Given the need for the Charter to be a “living tree” and the need for the court to reflect on what might be “reasonable limits in a free and democratic society” is it important for the appointment of judges to reflect the diversity of Canadian society or does seeking out a diverse court argue against the enduring values embodied in the Charter? Academic Level : Bachelor Paper details It is one assignment which asks 2 questions. 1.The Canadian Charter has been used as a model for other countries seeking to entrench constitutional rights. Among the most attractive features of the Canadian model for other countries is the existence of sections 1 and 33. It is argued that these sections strike the necessary balance between the courts and the legislature when dealing with judicial review. What balance do these sections strike? What are advantages and disadvantages of having such sections in a constitution? 2. Given the need for the Charter to be a “living tree” and the need for the court to reflect on what might be “reasonable limits in a free and democratic society” is it important for the appointment of judges to reflect the diversity of Canadian society or does seeking out a diverse court argue against the enduring values embodied in the Charter? 3 sources per 1 question