Pros and Cons of the Notwithstanding Clause
The Canadian Charter of Rights and Freedoms contains the notwithstanding clause. This clause has been a major talking point in Canadian politics. This is because the notwithstanding clause gives power to the provincial legislatures or the parliament to override certain portions of the rest of the Canadian Charter of Rights and Freedoms. Morton (2002) notes that this clause is also controversial in any instances such that there is a valid argument against its application when used and, on the other hand, its use seems unavoidable. This paper discusses the pros and cons of using this clause.
In the entrenchment ...