Friday, May 12, 2006 - Editorial - The right to judge judges - Editorial - The right to judge judges: "The rule of law requires judges to uphold unwritten constitutional norms, even in the face of clearly enacted laws or hostile public opinion. There is certainly no guarantee or presumption that a given list of constitutional principles is complete, even assuming the good faith intention of the drafters to provide such a catalogue ... Judges have the duty to insist that legislative and executive branches of government conform to certain established and fundamental norms, even in times of trouble.'
Some might say McLachlin was simply saying judges must follow the spirit as well as the letter of the law and rule based not on what is popular, but on what is constitutional.
Others might say she was defending such controversial decisions as the Supreme Court 'reading in' sexual orientation into the charter, which many people saw as judges improperly exercising 'godlike' power.
That's the view Vellacott expressed and it's a valid one.
At least it would be, if our politicians truly believed in another charter right -- free speech. "

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