Democracy and the Canadian charter notwithstanding clause
Are they compatible
Bibliographic Data
| ID | 7095503 |
|---|---|
| Authors | Sonja Grover, Sonja C Grover (Lakehead University, corresponding author) |
| Year | 2005 |
| Volume | 9 |
| Issue | 4 |
| Pages | 479-490 |
| Publication date | 2005-12-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The International Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1364-2987 • E-ISSN: 1744-053X |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.1080/13642980500349923 |
| OpenAlex | W2133423781 |
| Language | EN |
| Citations received | 2 |
The argument is presented that the state's use of the override (s.33) clause in the Canadian Charter to infringe certain rights and freedoms is constitutional only when in accord with s.1 (where it can ‘be demonstrably justified in a free and democratic society’). The argument is supported by textual analysis of the Charter and reference to the intent of the framers that s.33 be used to protect democracy. The Charter thus integrates human rights, democracy and the rule of law so as to make them inseparable. The ‘rule of law’ requires that the courts be a check on the legislature and not vice versa. Only then will the values and guarantees enshrined in the Charter be protected and enforced for the benefit of every member of Canadian society as they must be if the state is to meet the international law criteria for a democratic state
Charter · Democracy · Human rights · Law and economics · Political science · Politics · Sociology · Judicial and Constitutional Studies · Law · Law, logistics, and international trade · Multicultural Socio-Legal Studies
| Citations per year | 0.4 |
|---|---|
| Citation span | 2021 - 2022 (2) |
| Highly cited | No |