Some scholars and specialists like Alex Cameron have argued that judicial activism is undemocratic, while others have
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Question:
Some scholars and specialists like Alex Cameron have argued that judicial activism is undemocratic, while others have argued that the Court plays an important role in the protection of minority rights, which is a vital component of a true democracy. Please briefly explain the concept of judicial activism. Additionally, explain why judicial activism did not necessarily play a role in Delgamuukw v British Columbia, [1997] 3 SCR 1010 and in R. v. Sparrow, [1990] 1 S.C.R. 1075, but could be understood as having played a role in R v Marshall; R v Bernard 2005 SCC 43 and Haida Nation v British Columbia (Minister of Forests), [2004] 3 S.C.R. 511.
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