What are the implications of the Supreme Court’s recent review of the meaning of the phrase "judicial review"?
British Columbia, Canada
The following excerpt is from R. v. Sharpe, 1999 BCCA 416 (CanLII):
As Justice Brandeis admonished in his dissenting judgment in Olmstead v. U.S., 277 U.S. 438 at 479 (1927), the courts must remain vigilant in safeguarding constitutionally protected liberties even, or perhaps especially, in those cases where the government’s legislative purpose is praiseworthy: Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding. 6. Weighing of salutary and detrimental effects
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