Beverly McLachlin, the Chief Justice of Canada made a controversial speech in New Zealand this week before a gathering of law students.
She openly encouraged judges to feel “emboldened” to overturn legislation whenever they feel it is necessary, and said that even the restraints of the written constitution itself should viewed rather liberally, since constitutions are “incomplete.” It’s apparently the job of judges to fill in the blanks, or even re-evaluate entire sections all together, if they are deemed inconsistant with essiential “norms.”
Over the years, Ms. McLachlin has been a prominent advocate of an all-powerful, political judiciary that is answerable to no one. She has previously criticized politicians in Canada who argue that Supreme Court Justices should be interviewed and appointed by parliament, rather than simply picked unilaterally by the Prime Minister. Read the whole story.
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