I agree that there nothing in the Constitution that prevents preemptive use of the clause, but the intention of the clause was always meant to be a tool of last resort.
Citizens have the right to transparency, and should be able to challenge laws protected by the clause in court even if the decision is not-binding, because they have the right to understand exactly how the government is or isn’t bypassing their charter rights.
killerrin on
If we’re not going to limit the clause, we should at the very least not let the clause shield it’s usage from judicial review.
At the bare minimum the courts should be able to listen to the arguments and rip the government to shreds over it’s usage so that they can face proper consequences during an election.
Going further, the court should be allowed to rule the usage unconditional and schedule the bills automatic repeal for the day the sunset clause ends on the bill, so that individuals who have having their rights trampled can get them back ASAP without needing to wait to file a court case or beg the government to repeal it early.
Going beyond this. The Courts should also be able to order the immediate or scheduled restitutement payments to people who are having their rights trampled to force the Government to pay an immediate fiscal cost on those whose rights they are suppressing to have them think twice about if said action was truly worth it.
2 Comments
I agree that there nothing in the Constitution that prevents preemptive use of the clause, but the intention of the clause was always meant to be a tool of last resort.
Citizens have the right to transparency, and should be able to challenge laws protected by the clause in court even if the decision is not-binding, because they have the right to understand exactly how the government is or isn’t bypassing their charter rights.
If we’re not going to limit the clause, we should at the very least not let the clause shield it’s usage from judicial review.
At the bare minimum the courts should be able to listen to the arguments and rip the government to shreds over it’s usage so that they can face proper consequences during an election.
Going further, the court should be allowed to rule the usage unconditional and schedule the bills automatic repeal for the day the sunset clause ends on the bill, so that individuals who have having their rights trampled can get them back ASAP without needing to wait to file a court case or beg the government to repeal it early.
Going beyond this. The Courts should also be able to order the immediate or scheduled restitutement payments to people who are having their rights trampled to force the Government to pay an immediate fiscal cost on those whose rights they are suppressing to have them think twice about if said action was truly worth it.