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I don't know of any western democracy that has something this blatant in their constitution, though I might be wrong: >A simple majority vote in any of Canada'

I don't know of any western democracy that has something this blatant in their constitution, though I might be wrong: >A simple majority vote in any of Canada's 14 jurisdictions may suspend the core rights of the Charter. However, the rights to be overridden must be either a "fundamental right" guaranteed by Section 2 (such as freedom of expression, religion, and association), a "legal right" guaranteed by Sections 7–14 (such as rights to liberty and freedom from search and seizures and cruel and unusual punishment) or a Section 15 "equality right".[2] Other rights such as section 6 mobility rights, democratic rights, and language rights are inviolable. I don't think the US or France can just do a simple (parliamentary!) majority vote to override almost every right their citizens have. And this is not theoretical, the non withstanding clause is getting used more and more frequently here in Canada. And remember, since it's just a simple majority in parliament, it's only a matter of getting around 35% of the total votes. So a government that has 35% the popular vote can just suspend any right we have. Is that actually common?

throwup238 2y ago
> I don't think the US or France can just do a simple (parliamentary!) majority vote to override almost every right their citizens have. What about the WWII Japanese internment camps? That wasn’t even a legislative action, it was Executive order 9066. There’s also the Habeas Corpus Suspension Act during the civil war. I agree it’s not as blatantly spelled out in the Constitution but the mechanisms exist.
bawolff 2y ago
> A simple majority vote in any of Canada's 14 jurisdictions may suspend the core rights of the Charter This is misleading. It also has to be in their juridsiction. For example, alberta (25 years ago) tried to use the notwthstanding clause to ban gay marriage. It didn't work because it was out of their juridsiction. > So a government that has 35% the popular vote can just suspend any right we have. The notwithstanding clause only applies to some parts of the charter not all of it. It also doesn't apply to rights from other parts of the constitution. It might also be possible for the federal government to disallow particularly egregious rights violation by provinces. I think its still an open question if fed still has power of reservation or disallowance or not.

throwup238 2y ago

> I don't think the US or France can just do a simple (parliamentary!) majority vote to override almost every right their citizens have. What about the WWII Japanese internment camps? That wasn’t even a legislative action, it was Executive order 9066. There’s also the Habeas Corpus Suspension Act during the civil war. I agree it’s not as blatantly spelled out in the Constitution but the mechanisms exist.

bawolff 2y ago

> A simple majority vote in any of Canada's 14 jurisdictions may suspend the core rights of the Charter This is misleading. It also has to be in their juridsiction. For example, alberta (25 years ago) tried to use the notwthstanding clause to ban gay marriage. It didn't work because it was out of their juridsiction. > So a government that has 35% the popular vote can just suspend any right we have. The notwithstanding clause only applies to some parts of the charter not all of it. It also doesn't apply to rights from other parts of the constitution. It might also be possible for the federal government to disallow particularly egregious rights violation by provinces. I think its still an open question if fed still has power of reservation or disallowance or not.