PowerPoint 2 Flashcards
2 views of what a constitution should protect:
- Liberalism.
2. Communitarianism.
Libertarianism
Ideas of individual liberty, constitutionally limited government, peace, and reliance on the institutions of civil society and the free market for social order and economic prosperity.
Humanitarianism
Protection of the community, as opposed to libertarianism.
Communitarianism
Emphasizes the need to balance individual rights and interests with that of the community as a whole, and argues that individual people (or citizens) are shaped by the cultures and values of their communities.
Social Contract Theory
Addresses the questions of the origin of society and the legitimacy of the authority of the state over the individual.
Constitutionalism comes from the ___ ___ ___.
Social Contract Theory.
Can corporations possess rights?
Yes.
What does the term “person” include?
Living people and corporations.
What does the term “individual” or “citizen” include?
Living people, not corporations.
What sorts of things are included in the Charter?
- Freedom of religion.
- Freedom of expression.
- Democratic rights.
- Freedom of mobility.
- Life, liberty, and “security of person.”
- Right to equality.
Interests not protected by the Charter:
Economic and property interests.
Example of corporations arguing freedom of expression:
Corporations “nagging” children through advertising to buy toys.
Example of corporations arguing freedom of religion:
Corporations arguing that they should be able to be open on Sunday.
Harm Principle
Examines the harm that the action could cause people. Child pornography fulfils the harm principle, but normal pornography does not.
What is an argument against judges making decisions?
They are not elected, they are appointed. They have a secure job until 75.
The Charter is about ___, not ___.
The government leaving you alone, not what the government owes you.
Are corporations allowed to donate as much as they want to political parties?
No, there is a restriction on how much persons (individuals or corporations) can donate to political parties.
Freedom of Assembly
Ability to protest.
The Charter of Rights and Freedoms only applies against…
Government entities or government action.
Does Charter apply to cases of discrimination in the workplace or for a service?
No, it is covered by human rights tribunals.
Section 1 of Charter
It is okay for the government to violate certain rights in society.
Section 33 of Charter
Legislatures can pass acts that infringe on rights “notwithstanding” the Charter but legislation must be reviewed every 5 years. Notwithstanding Clauses.
Notwithstanding Clauses
Government can ignore courts.
Quebec has one notwithstanding clause that is renewed every 5 years.
Quebec should be bilingual under the Charter. However, only French is required.