(DOWNLOAD) "Competence Concerns in Charter Adjudication: Countering the Anti-Poverty Incompetence Argument." by McGill Law Journal " Book PDF Kindle ePub Free
eBook details
- Title: Competence Concerns in Charter Adjudication: Countering the Anti-Poverty Incompetence Argument.
- Author : McGill Law Journal
- Release Date : January 22, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 382 KB
Description
Canadian courts are reluctant to impose anti-poverty obligations upon governments under the Canadian Charter of Rights and Freedoms. Concerns over the limits of the institutional competence of courts have played an explicit role in this reluctance. The anti-poverty incompetence argument that has thus emerged is an instance of a broader concern over competence that is evident across the spectrum of types of Charter cases. This article traces the emergence of a judicial framework for recognizing and responding to competence concerns in early Charter adjudication and describes the main lines of its evolution in subsequent cases. At the same time, and for the most part remaining within the confines of issues and arguments contained in accumulated Charter case law, the article critically evaluates the ongoing application of the framework in anti-poverty Charter cases. The central argument of the article is that the case law on competence concerns cannot justify placing relatively greater limits on the availability or rigour of Charter protection for anti-poverty claims than for other types of claims. Indeed, the argument is that the case law in fact offers encouragement to courts to pursue responses that manage the concerns or improve competence, thereby allowing equally fulsome protection for anti-poverty claims.