Question

Section 1 of the Charter requires the government to justify why it is infringing a right, as well as to demonstrate that, in doing so, it is restricting the right in question in a reasonably measured, controlled, and appropriate way.

A) True
B) False

Answer 1

Section 1 of such a Charter indeed requires the government to justify the infringement of rights and to show that such an infringement is reasonable and proportionate. The necessary and proper clause actually expands rather than limits the powers of the national government.

Step-by-step explanation:

The Charter you’re referring to in your question seems to be related to constitutional rights and how the government must justify the infringement of a right. Although you didn’t mention which country’s Charter you're referring to, it's in line with principles found in many democratic nations. Section 1 of such Charters or constitutional documents typically requires the government to show that any limitation of a right is justified in a free and democratic society and must be reasonable and demonstrably justified. This is often interpreted by courts to mean that the restriction must be proportionate, necessary, and with minimal impairment to the right.

The necessary and proper clause you mentioned from another context generally refers to the U.S. Constitution. It grants Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. This clause, contrary to limiting power, has historically been interpreted to expand the powers of the national government. Therefore, statement a.) is False.