SECTION 33 AND THE RELATIONSHIP BETWEEN LEGISLATURES AND COURTS
DOI:
https://doi.org/10.21991/C9VQ2QAbstract
The introduction of the Constitution Act, 19821 was greatly debated. While many of the substantive provisions received considerable attention by various committees and interested organizations, the limitation provisions, sections 1 and 33 were particularly contentious. Today, I would like to discuss the early vision of the new relationship to be forged between the judicial and legislative branches of government.2 Sections 1 and 33 were intended to strike an appropriate balance between law-maker and law-reviewer. Each safeguarded abuse by the other. Throughout the drafting period, however, many expressed concern about shifting Canada’s political system from a parliamentary supremacy to a constitutional one. Specifically, how each would respond to their new roles in light of sections 1 and 33. To determine whether these concerns have materialized, I will compare these suspicions with the actual relationship that has evolved between the courts and legislatures since the entrenchment of the Constitution Act, 1982.
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