the
Charter to
Canadian judges on the other hand,
touchstone against which provide the widely expressed rights and freedoms must be limited:
have section 1 of
the
"The Canadian Charter of Rights
of Rights and Freedoms guarantees the rights and freedoms set out in it such
limits reasonable as can be demonstrably
subject prescribed
only
to by law
justified in a free and democratic society.
H
This is, by now, a common formula. Around it has developed a
courts have
well
worked
jurisprudence.
The Canadian
developed
whether
a
" form
and proportionality"
test
to
determine
limits
on
the
rights
and freedoms
57
suggested
guaranteed by the Charter may be upheld.
58
Once a court has declared what the basic rights are and
what they require, there must be a convention of obedience
which follows. That convention exists in the United States,
Canada and other countries.
In developing countries of
the Commonwealth obedience on the part of authority is not
always automatic. Thus,
in Zimbabwe recently, tension was
between the High Court reported
Government.
and the Executive
The Court made declarations under
Rights
provisions
of the
Constitution
under the Basic
relating
to
the
treatment of three prisoners in conditions which members of
59
At last the Court took the pains themselves to inspect.
report, the Executive Government had declined to follow the
down by the High régime laid
the High Court, designed to secure
conformity
in
their treatment with the
guarantee against cruel and unusual punishment.
for contempt were reportedly planned.
constitutional
Proceedings
But courts have no armies to enforce their orders. A
few sheriffs and bailiffs
are all they can call upon,
in
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