Tuesday, December 6, 2005

Article 58

Canada's unelected and all powerful Chief Justice:

Judges should feel "emboldened" to trump the written word of the Constitution when protecting fundamental, unwritten principles and rights, Canada's Chief Justice says.

Beverley McLachlin, in a speech delivered in New Zealand, took on critics who say judges have no business going beyond the strict letter of the Constitution to strike down laws and enforce rights.

"The rule of law requires judges to uphold unwritten constitutional norms, even in the face of clearly enacted laws or hostile public opinion," said a prepared text of the lecture Judge McLachlin gave to law students at Victoria University of Wellington late last week.

"There is certainly no guarantee or presumption that a given list of constitutional principles is complete, even assuming the good faith intention of the drafters to provide such a catalogue."

Judge McLachlin set out a blueprint for when judges must rely on unwritten principles, which she defined as "norms that are essential to a nation's history, identity, values and legal system."

[..] "I believe that judges have the duty to insist that legislative and executive branches of government conform to certain established and fundamental norms, even in times of trouble," she said.
The norms will apply, according to the opinion of a handful of appointed soothsayers, despite the protests of hostile dissidents.

1 Comment:

Pietr said...

I feel embiggened every time I trump.
Why shouldn't they?They are only Huuu-man.
(I on the other hand am a Ferengi)