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Preventing use of the notwithstanding clause is a bad idea — and unnecessary
Tuesday, November 15th, 2022
Questions that could be asked of the Supreme Court include: When can section 33 be used? How does the word “notwithstanding” in Sec. 33 relate to the words “notwithstanding anything” in Sec. 28’s equal rights guarantee? How can the clause be amended? … Rather than stoking a constitutional crisis through disallowance, this reference would allow the federal government to de-escalate tensions and, most importantly, clarify the scope of the notwithstanding clause.
Tags: ideology, jurisdiction, rights
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