this post was submitted on 18 Feb 2024
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The notwithstanding clause was guaranteed to result in a constitutional crisis eventually. Hopefully we can do away with it and any crap laws that came from it.
What would a constitutional crisis entail, and what would it take to get right of the notwithstanding clause?
The crisis will be exactly what's happening: Politicians using it to erode protections against marginalized groups. The fix is unknown, because it's uncharted legal territory.