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Wednesday, December 07, 2005

Canada's Chief Justice urges more judicial activism.


The Ottowa Citizen reports here that Canada's chief justice, Beverley McLachlin, says "Judges should feel 'emboldened' to trump the written word of the constitution when protecting fundamental, unwritten principles and rights." In her speech in New Zealand, she took on Canadian 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."

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