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Who Better to Defend Liberty: Judges or Politicians?
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Do you trust judges more than politicians? How you answer this question largely determines whether you like Section 33 of the Canadian Charter of Rights and Freedoms, also known as the "notwithstanding clause." Without Section 33, the Charter would not have been incorporated into the Canadian Constitution in 1982. Section 33 gives Parliament and the ten provincial legislatures the power to overturn judges' interpretations of certain constitution…
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