Yes, Canada’s Notwithstanding clauses have also seemed like stupidity to me. That said, democracy with even a toothless constitution seems to be possible, if you look at the UK. I guess the question is whether Canada has the same political environment that has made it work in the UK for so long
Comment on How would you rate your country's constitution?
Archangel1313@lemmy.ca 2 days ago
Canada’s Charter of Rights and Freedoms would get a zero. There’s the “Notwithstanding Clause” that effectively nullifies the entire document at the discretion of any provincial government that wants to violate the Charter. The entire thing is basically meaningless with that loophole in place.
SubArcticTundra@lemmy.ml 2 days ago
masterspace@lemmy.ca 1 day ago
Their assessment of the charter of rights and freedoms is nonsense.
We have one of the stronger constitutions in the world, one that actually provides positive rights for it’s citizens, not just negative ones
I.e. American rights are all framed as the government not doing something to you, Canadian rights also include ones that force the government to do things for you.
The notwithstanding clause is problematic, but it is not the death knell that post is making it out to be.
GreyEyedGhost@piefed.ca 1 day ago
The notwithstanding clause can’t negate any part of the constitution, but that is a distinction without a difference. That said, it does make it easy to call any politician who uses it a slimy piece of shit and have something to refer to for why you believe that. Not that I would ever call a politician a slimy piece of shit - our slander laws in Canada do not have a clause to use the truth as a defense.
Archangel1313@lemmy.ca 1 day ago
True, but…it can be used to negate all of your personal freedoms and legal rights, so…close enough.