Problem 1: Alexander Hamilton described a constitution as the prior will of the people and the fundamental law which should take precedence over later legislative decisions. If that is true, should we have great respect for the constitution as it is written (revere it; stay as close as possible to its wording or intention when interpreting it) or rather see it as a set of broad "guidelines" in need of constant updating?
Problem 2: The addition of the Charter of Rights and Freedoms to the Constitution has enhanced the role of the SCC relative to parliaments (i.e. courts are striking down more laws passed by parliaments). Is this a good development? Explain.
Source: Mintz, E., Tossutti, L. & Dunn, C. (2021). Canada's Politics: Democracy, Diversity, and Good Government (updated 3rd Edition;Revel). Pearson: Toronto