Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Monday, June 06, 2011

Consensus-driven Supreme Court under the microscope

Supreme Court of Canada Justice Morris Fish registered crisp disapproval last week as he accused his colleagues of misconstruing the meaning of consent in a sexual assault case.

Their misguided reasoning would ensure that even an innocent kiss planted on a sleeping partner could constitute a crime, Judge Fish fumed.

It was the kind of exchange that was once commonplace on the court. But no more; unanimity is the norm and rarely is heard a discouraging word. Gone are the days of internal sparring and the sparking of intellectual debate. Under Chief Justice Beverley McLachlin, the court largely avoids controversy and issues few bold judgments that could be likely to ruffle feathers or raise the hackles of legislators.

In a development that is almost certainly related, public debate over the role of the judiciary has receded. In the ongoing tug-of-war between politicians who pass laws and the judges who interpret them, Parliament is inching ahead.

Full Article
Source: Globe & Mail 

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