What is the role of the courts in determining whether legislation is constitutional?
Alberta, Canada
The following excerpt is from R. v. S.B., 2006 ABPC 213 (CanLII):
As stated in Hunter v. Southam (at para. 169): “While the courts are the guardians of the Constitution and of individuals’ rights under it, it is the legislature’s responsibility to enact legislation that embodies appropriate safeguards to comply with the constitution’s requirements. It should not fall to the courts to fill in the details that will render legislative lacunae constitutional.”
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