Political Science

Running Head: Political Science

Political Science
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Q.1What is the notwithstanding clause and should it be aloof from the 1982 Canadian Charter of Rights and Freedoms?
About four decades ago, Canada embarked on a process to modernize its organic law. This process saw the provincial political sympathies engaged in negotiations with the federal government. How of all time, these negotiations were marred with a rotary of controversy as a result of a counterpoint of interest between the two parties. The federal government proposed the access of a set of constitutionally - based rights and freedoms to replace the animate Canadian Bill of Rights. Conversely, the provincial governments opposed this idea since they matte up that by doing so, there would be a shift in power from the legislature to the judiciary. As a result, the Notwithstanding clause was created to bridge this difference in opinion. Even though the sassy accord was passed in 1982, the Notwithstanding Clause has remained controversial ever since, with many arguing that it is time the clause was removed from the constitution while and equal number of proponents suggest its retention.



Further much, the Clause has been the overpower of study by many political scientists given its singularity to Canada alone. This constitution aims to trace the history of the Notwithstanding Clause, from its creation to its use. This paper will also provide some arguments on financial support or disagreeing with the clause and consequently provide some recommendations on the best way forward.
The Notwithstanding Clause also referred to as the Override Clause or the Non-Obstante Clause is found in Section 33 of the Canadian Charter of Freedoms. As hinted earlier, this clause has been contentious since the day it was formed in 1981 at the federal -Provincial Conference of First Ministers held in November that year. In fact, the debate became more evident, when the Canadian Supreme...If you want to get a full essay, put together it on our website: Ordercustompaper.com



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