The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies

The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies
Edited by Peter L. Biro

Examining and demystifying one of the most controversial, consequential, and misunderstood provisions in Canada's constitution: the notwithstanding clause in the Canadian Charter of Rights and Freedoms. The significance, effects, and legitimacy of Section 33 of the Charter have been vigorously debated. The Notwithstanding Clause and the Canadian Charter examines the NWC from all perspectives, asking who should have the last word on matters of rights and justice – the legislatures or the judiciary – and what balance liberal democracy requires. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada.

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