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Jayx1
Prime Minister of TOTA
Registered: Feb 2003
Location: The Socialist People's Republic Of Canada
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| quote: | Originally posted by Moral Hazard
Interesting, however, the appropriate way to respond to judges ruling legislation unconstitutional would be to either ammend the legislation or ammend the constitution, disregarding the constitution itself is not acceptable in a society ruled by law. |
Perhaps some people forget the FLQ crisis of the 70s. This is the kind of emergency im referring to. It would have to be a time of genuine crisis. Not something cosmetic.
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| quote: | Originally posted by jester
Everything in this country is illegal. |
"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery…" Winston Churchill
"If you have ten thousand regulations you destroy all respect for the law" - Winston Churchill
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Jan-10-2006 15:47
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Moral Hazard
Oppressing the 99%

Registered: Mar 2005
Location: with the 1%
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| quote: | Originally posted by ShadoWolf
The constitution is not what nine unelected, Lieberal-friendly judges say it is.
The constitution is what the Parliament of Canada (including the people's representatives in the House) deems it to be.
Whenever judges, for example, create rights out of thin air they've in essence unilaterally amended the constitution without Parliament's consent. That's not the rule of law, that's politics.
http://en.wikipedia.org/wiki/Rule_of_Law |
Incorrect. The constitution is three documents, BNA 1867, The Westminister Act 1932, and the Constitution Act 1982. These documents give the Supreme Court of Canada final judgement over the interpretation of said documents. THIS IS FACT AND IS WHAT OUR LEGAL SYSTEM IS BASED ON.
Additionally, Parliament cannot change the constitution, this must be done by the provinces, at least 7/10 representing a 2/3 majority of the population. Therefore, the constitution really is what the people as represented by the provincial legislatures deem it to be, not what Parliament dictates.
If you want Parliament to have the lone say in constitutional matters then you have really given up all rights to protection against poor government. This, however, could be done if 7/10 provinces representing 2/3 of the population agreed to it. You'll never see that happen but it is theoretically possible.
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| quote: | Originally posted by RickyM
you're just a shit version of Moral Hazard. At least he knows what he's talking about. |
| quote: | Originally posted by pkcRAISTLIN
lol, i love it when moral feels the need to lay the smack down 
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Jan-10-2006 16:03
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Jayx1
Prime Minister of TOTA
Registered: Feb 2003
Location: The Socialist People's Republic Of Canada
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| quote: | Originally posted by Moral Hazard
The war measures act allows this in a short term emergency without use of s.33. |
S 33 didnt exist back then nor did our current constitution
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| quote: | Originally posted by jester
Everything in this country is illegal. |
"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery…" Winston Churchill
"If you have ten thousand regulations you destroy all respect for the law" - Winston Churchill
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Jan-10-2006 16:26
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Jayx1
Prime Minister of TOTA
Registered: Feb 2003
Location: The Socialist People's Republic Of Canada
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| quote: | Originally posted by Moral Hazard
Regardless, we're getting way off point here. |
^^^^^^
and that was the whole point in martin throwing out this red herring. To get everyone off topic from the real issues. We do not have a constitutional crisis in this country. Lets get back to the real issues like health care and taxes.
What an act of desperation this was.
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| quote: | Originally posted by jester
Everything in this country is illegal. |
"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery…" Winston Churchill
"If you have ten thousand regulations you destroy all respect for the law" - Winston Churchill
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Jan-10-2006 17:14
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