Making Sense of Quebec and Canada’s Ocean of Confusion: the Clarity Act In 2000, the federal government made an attempt to respond to the matter of confusion in referendums dealing with the secession of a province from Canada through the Clarity Act, in response to previous events in Quebec. The aim of this paper is to further explore the Clarity Act and examine its influence over potential upcoming referendums in Quebec over the matter of secession. In order to do so, this essay will first draw
D. How Sunstein’s view relates to Posner • Sunstein 's view, in regards to Posner, would be in a general disagreement to the use of wealth maximization to cover all law, to the extent that not using the theory would go against what courts promote. To Posner, judges, in their application of rules and procedures to particular cases, ought to promote wealth maximization. The promotion of wealth maximization requires an ought. This means that to pursue wealth maximization is something that
argue that the reference instrument has proven to be a valuable tool in preventing political chaos. In the Patriation Reference and the Quebec Secession Reference the courts ++++---In order to illustrate the importance of reference cases in the Canadian system, despite their shortcomings, I will first look at the history of the advisory mechanism with a view to explain the roll of the courts. I will then look at the constitutional perspectives the courts took in several reference cases, especially
mistake to equate legitimacy with the ‘sovereign will’ of majority rule alone, to the exclusion of other constitutional values” (“Analysis of the Constitutional Principles”. In: Reference re Secession of Quebec, [1998] 2 S.C.R. 217, 247-263). Drawing on this quote from Reference re Secession of Quebec, write a short essay arguing whether or not there is adequate interaction between the rule of law and democracy in the decision in Canada (Citizenship and Immigration) v. Harkat, 2014
Judicial review in Canada refers to the power of the courts, specifically the Supreme Court of Canada and provincial superior courts, to review the constitutionality of laws and regulations. This power is taken from the Canadian Constitution, including the Charter of Rights and Freedoms, which serves as the supreme law of the land. Through judicial review, courts can invalidate laws or government actions that are found to be inconsistent with the Constitution. Judicial activism in Canada refers mainly