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Significance of Canada’s constitution and its charter of rights and freedoms
Significance of Canada’s constitution and its charter of rights and freedoms
Significance of Canada’s constitution and its charter of rights and freedoms
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A Constitution is document that states how a country is made. The growth of Canada can be interpreted through the Canadian Constitution, because the Constitution states the equal rights and freedoms of all Canadians, equal distribution of legislative powers, convenient education, and legal stability and accurate predictability. The Canadian Constitution is a very efficient way of looking at the laws and the maintenance of the country, because it describes the structure of Canada, it provides very well legal stability and predictability and the Constitution is very important for Canadians. The Canadian Constitution plays an effective role of determining the structure of Canada, its stability and predictability of laws and the rights and freedoms of Canadians.
The Constitution of Canada is very appropriate as it plays its role as a blueprint for the structure of Canada. According to section 91 of the Constitution Act, 1867, it says, “It shall be lawful for the queen, by and with the advice and consent of the Senate and House of Commons, to make laws for the peace, order, and good government of Canada…” [laws-lois.justice.gc.ca]. The structure of Canada and the powers of the Parliament can be easily identified through this law. As it is said, the Parliament can only make laws with the advice and consent of the Senate and House of Commons regarding peace, order and the government of Canada, which is fair and appropriate. Furthermore, as said in section 92 of the Constitution of Canada, it says, “In each province the legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated; that is to say, - direct taxation within the province in order to the raising of a revenue for provincial purposes, etc.” [laws-lois.justice.gc.ca]. It is a law regarding exclusive powers of Provincial Legislatures on the following topics. Having this law in place ensures that each part of the Legislature gets equal rights and powers making the Constitution very appropriate as a blueprint for the structure of Canada. In addition, in section 93, it states that, “In and for each province the legislature may exclusively make laws in relation to education, subject and according to the following provisions…” [laws-lois.justice.gc.ca]. It states that each Province’s Legislature can make laws in relation to education, subject according to the following necessities. This law balances the education in each province and further develops the overall structure of Canada.
The Canadian government only protects 18 out of 30 rights in the Universal Declaration and other important rights are ignored. For example, in article 26 of the Universal Declaration, it states that everyone has the right to education. This law is not included in the Charter but I think it is very im...
For many, the Constitution is the document meant too symbolize the freedom and liberty associated with America; over the course of a few years the most important aspects of a nation were created that still affect generations.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
This great country known as Canada, is governed smoothly because of the agreements and rules that have been in place since the beginning of confederation. The Canadian Constitution is one example of these rules. The Canadian Constitution is not just one single documentation, it is a collaboration of documents that make up one enormous document (Dyck 261). The six basic principles of the constitution are: responsible government, federalism, judicial review, the rule of law, constitutional monarchy and democracy; which all helped to shape the Constitution and therefore Canada (Dyck 266).
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
Canada is a society built on the promise of democracy; democracy being defined as “government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.” In order to operate at full potential, the people of Canada must voice their opinions and participate fully in the political system. This is why it’s shocking to see that people are becoming less engaged in politics and the voter turnout has steadily been declining over the last 20 years. This lack of participation by Canadians is creating a government that is influenced by fewer people, which is detrimental to the democratic system Canada is built on.
The Founding Fathers and Canada’s Founders both faced many obstacles and concerns when working towards creating the best possible form of government for their respectable nations. The Federalist Papers seek to counter the Articles of Confederation whereas Canada’s Founding Debates is a discussion between supporters and opponents of Confederation. Between the Founding Fathers and Canada’s Founders in the Founding Papers chapter Federal Union, there are many common concerns about the future of the country. When there is a change in how a country is structured, it brings concern over group rights and interest being ignored for the common good, and it is very
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
The confederation of Canada, a process which took over a century long, with many notable events and people who were involved in forming what we know as Canada today. The confederation all started in 1763, with The Royal Proclamation. Britain decided that pacifying First nation was the best alternative to a costlier war. This proclamation created a boundary between the First Nations and the British Colonies. In the next 50 years or so, the Quebec Act, which revoked the Royal Proclamation, and Treaty of Paris, which recognized British North America to independently exist, and the Constitutional Act, happened. Although these were major events in Canada’s history, The War of 1812, was one of the most notable events that lead to Canada’s Confederation.
...I truly think that the Charter of Rights and Freedoms has paved a path for creating a free and democratic Canada and I believe it will create Canada as the greatest democratic nation.
The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated that Congress was denied the power of taxation meaning the national government was given no money to regulate federal spending. Money could only be requested from the states and states had the ability to not guarantee the request. Among the lack of enforcement and taxation was the denied power to regulate commerce trade for the national government in other words the federal government could not build a strong economy. All these factors and others included lead to the fall of the Articles of Confederation. Guiding towards Constitutional Convention, where the present day Constitution was written and signed by 38 of the 41 delegates present on September 17, 1787. This paper discusses why the Founding Father’s designed the Constitution as they did and how this design has affected our system today.
Canada has a central government designed to deal with the country as a whole. Things like national defense, banking, currency, and commerce are controlled by the central government. All other matters are left to the provinces to deal with. Such as education, hospitals, and civil rights are responsibilities of the states. The Canadian Parliament consists of two houses. Their Senate is made up of 104 members who serve until the age of seventy-five.
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
Since federalism was introduced as an aspect of Canadian political identity, the country has undergone multiple changes as to how federalism works; in other words, over the decades the federal and provincial governments have not always acted in the same way as they do now. Canada, for example, once experienced quasi-federalism, where the provinces are made subordinate to Ottawa. Currently we are in an era of what has been coined “collaborative federalism”. Essentially, as the title would suggest, it implies that the federal and provincial levels of government work together more closely to enact and make policy changes. Unfortunately, this era of collaborative federalism may be ending sooner rather than later – in the past couple decades, the federal and provincial governments have been known to squabble over any and all policy changes in sectors such as health, the environment and fiscal issues. Generally, one would assume that in a regime employing collaborative federalism there would be a certain amount of collaboration. Lately, it seems as though the only time policy changes can take place the federal government is needed to work unilaterally. One area in which collaborative federalism has been nonexistent and unilateral federalism has prevailed and positively affected policy changes is in the Post-Secondary Education (PSE) sector.