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Cornell Notes, Judicial Review, Charter Politics and Charter Critics
part 2 of cornell notes for "Judicial Review, Charter Politics and Charter Critics"
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QUESTIONS NOTES
Individual / collectivism differences
s. charter
Group rights - Aboriginal / French Canadians
Individual rights - An assimilation into Canadian society
Canada Hoizontal application of multiculturalism , not vertical (google)
>Opinion polls which suggest charter popularity / source of pride
Pro Charter >”crowning glory (set of ideas/values/norms) in fundamental liberalism”
Its abstract, which is why the system or architecture of institutions is necessay.
But efficiency as well
Contrast to European Rights >The monarchy v. the merchant class / aristocracy of the day , relative to
Freedoms The goals of north American society
Charter critiques >Criticism in relative areas of political spectrum (left/right/groups) the charter
Is a powerful weapon in powerful self-seeking “interest groups”
The charter has created a space for a judicial imposition of naked preferences”
Judges use their own bias , preferences , activism , to impose their own ideals
On society
Left wing capitalism >criticism of capitalism (charter limits democracy, to advance interests of the
the ruling class. Marx on institutions maintaining structure
Jurocracy / Democracy >J threatens democracy or no sensitivity to the will of the electorate
Right wing >market economy / capitalism
Critique of Jurocracy Decisions of the judges is not easily understandable to the people, most
People don’t have the legal consciousness lawyers or judges have
>they grant more corporate rights, or rights for the ruling class, rather than
The poor or marginalized minority / group rights
>law isn’t the crucial or most significant avenue for social change / transform.
>it’s the most dangerous form of capitalist class rule (the charter)
>the working class as oppositional to the capitalist societal control through law
Goals of stability in western >places to take your money or wealth , which is why consent is crucial .
society
Hegemony >defining it through domination (by force)but leadership (consent) key in
Capitalist society (ability / meritocracy) ; the reproduction of consent and
Freedoms .
>if you produce your own values out of such an abstract value system such
As a charter, you convince people of their consent with the values of the
System, not what the government is doing
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