More documents from McAdam, Richard
More documents from Federal Governance

Export to your Reference Manger

Please Copy & Paste



Bookmark and Share

The notwithstanding taboo

[journal article]

McAdam, Richard

Citation Suggestion

Please use the following Persistent Identifier (PID) to cite this document:

Further Details
Abstract The existence of the notwithstanding clause in s.33 of the Canadian Charter of Rights and Freedoms allows the federal and provincial governments to overrule the fundamental freedoms and legal and equality rights of Canadian citizens. Built into the override is a sunset clause, requiring governments to renew any legislation using s.33 every five years. The government is also required to state explicitly which Charter rights are being overridden, though in the limited extent to which the override has been used, the invocation of s.33 has always been vague and proclaims to operate notwithstanding all of the relevant sections of the Charter to which the override applies, sections 2 (fundamental freedoms) and 7 to 15 (legal and equality rights). (author's abstract)
Keywords Canada; constitution; protection of the constitution; constitutional state; civil rights; fundamental right; legislation; separation of powers; political system; political culture; rights of personal liberty
Classification Political System, Constitution, Government; Law
Document language English
Publication Year 2009
Page/Pages p. 1-20
Journal Federal Governance, 6 (2009) 1
ISSN 1923-6158
Status Published Version; peer reviewed
Licence Basic Digital Peer Publishing Licence