Saturday, June 26, 2004

He's done it again

Ya know folks, I've got a sidebar for a reason. The reason is that they write stuff that I find interesting. Case in point, the Monger (under Canadian Pride):
The reason why the Tories are right to advocate free votes on contentious moral issues, rather than serial Supreme Court references and "judge-made law", is that process is important. People may think that "our rights come from the Charter," but in fact our legal rights come from Parliament. I believe we have natural moral rights inherent in our humanity (and it is irrelevant whether you think these rights are humanistic or whether they derive from God or somewhere else), but these do not become politically and socially "real" until they are recognized by lawmakers. The only lawmakers we can possibly have are a representative Parliament. Judges--unelected, unaccountable--cannot, must not, be allowed to make the law. If Parliament is wrong, as they were when they refused the franchise to women and natives, or when they are wrong in a smaller way when they pass any bad law, then Parliament can be changed and can correct itself. If the Court is wrong, it becomes near impossible to redress. Moreover, the right of Parliament to make laws for Canadians derives from the consent of the governed. They have the right to make laws for us because we say they do every time we elect them. By contrast, we have no control over judges, and they do not govern us. They are a branch of government to be sure, but their only role should be to make sure that Parliament's laws conform to Parliament's supreme law (the constitution and the charter). Judges should have No Role At All in determining what should be in the Charter, or what laws we should have. These decisions must be left to Parliament.


I read this guy everyday (thankfully he is posting on a regular basis now). You should too. Go read the whole thing.