Limiting the Notwithstanding Clause

While consensus across philosophical, ideological and partisan lines on the merits and demerits of the NWC is unlikely, there is an increasing acceptance of the idea that the preemptive use of the NWC should not preclude judicial review altogether.  It is recognized in most quarters that society benefits from judicial commentary on the effect of a law on the exercise of fundamental rights and freedoms, even if that such an exercise has no prospect of striking down the impugned law as being unconstitutional. 

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