6
question of judicial review of written constitution.
He described two groups—one group which upheld, and
the other, which criticized the Canadian Charter of
Rights—he
called
them
the
‘boosters’
and
the
‘bashers’. For the ‘boosters’, the rigidity of the
constitution
‘bashers’,
was
this
what
was
made
one
of
it
the
valuable;
chief
ills
for
of
a
written constitution. The author makes a convincing
case
of
how
this
constitutionalism
that
enables
an
approach
to
is
authoritative
and
both
flexible. He says that the protection of rights must
be left to the traditional institutional mechanism,
which is necessarily the unelected judiciary.
According to Gwyer, C.J., a broad and liberal
spirit
should
inspire
those
whose
duty
is
to
interpret the constitution; but this does not imply
that they are free to stretch or pervert the language
of the enactment in the interests of any legal or
constitutional theory, or even for the purposes of
supplying omissions or of correcting supposed errors.
A
Federal
derogate
Court
from,
will
its
not
position;
strengthen,
if
it
but
seeks
only
to
do