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Confederation vs. constitution
Essays canadas charter of rights and freedoms
Essays canadas charter of rights and freedoms
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Constitution is an idea whose earliest origins date back to King John’s Magna Carta. They are, in essence, the basic legal framework of state and society. Sovereign states are declared and revolutionized through the drafting of constitutions, and through their constant evolution and ephemeral nature, seek to reflect humanities transient social tendencies. As such, prevalent dichotomies emerge between the constitutions of nations alongside striking similarities. Such is the case with Canada and Egypt. This paper will parallel the Canadian and Egyptian constitutions in order to compare the similarities and differences between conceptions of individual rights, institutions of government, principles and objectives, and sovereignty
Individual rights play a major role in the Canadian constitution. The constitution Act, 1982 comprises seven components, four of the seven components of the Constitution Act, 1982, have a consequential role because they deal directly with the rights of citizens. The Canadian Charter of Rights and Freedoms became a fundamental part of the constitution when the Constitution was patriated in 1982. The Charter takes priority over other legislation because it is “entrenched” in the Constitution, it assures citizens of Canada fundamental freedoms, democratic rights, the right to move from one province or territory to another in Canada, legal, equality and language rights, and Aboriginal rights (section 1-34). The Charter additionally defends the individual and determines fairness during legal matters and especially in illegal situations. Canadians are secure against stubborn searches and seizures, and against police utilizing exorbitant force, even when a search or seizure is sanctioned by law. Citizens of Canada ...
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...ada and Egypt’s sovereignty are very different from each other. The constitution of Egypt states that “sovereignty belongs only to the people who shall exercise and protect it. The people are the source of powers, and safeguard their national unity that is based on the principles of equality, justice and equal opportunities among all citizens” (Article 4). The sovereignty of both countries differ from each other because Canada focuses on the levels of government and Egypt sovereignty belongs only to the people.
The Canadian and Egyptian constitutions share many similarities and differences between conceptions of individual rights, institutions of government, principles and objectives, and sovereignty. Both are attempted reflections of their respective nations’ prevailing cultural values, and their analyses offers a valuable perspective on the people they represent.
Originalism, an orthodox principle of legal interpretation, focuses on interpretation pursuant to the original understanding of constitutional words . This incorporates arguments from the ‘text, context, purpose and structure of the constitution’. The originalist method of constitutional in...
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...
"Bill of Rights (Canada), August 4, 1960." DISCovering World History. Detroit: Gale, 2003. Canada in Context. Web. 4 Dec. 2013.
The Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
MacDonnell, Vanessa A. "The Protective Function And Section 7 Of The Canadian Charter Of Rights And Freedoms." Review Of Constitutional Studies 17.1 (2012): 53-85. Academic Search Complete. Web. 16 Nov. 2013.
"The Universal Declaration of Human Rights." The Canadian Encyclopedia. Historica Canada, n.d. Web. 03 May 2014.
As stated in the first paper; The Constitution of the United States was designed to be a framework for the organization of our country’s government. Many foreign countries also have constitutions, which outline the rights of individuals and the powers of the law; such as the Iraqi Constitution of 2005. I will compare the similarities and differences of the US and Iraqi Constitutions and discuss Articles 2, 36, 39, & 90 and women’s rights of the Iraqi Constitution.
Any study on Modern Egyptian history naturally begins with Nasser, Egypt’s first President after the Free Officers revolution in 1952. Nasser was the foremost proponent of pan-Arabism, an ideology that called for close ties between the Arab states, presumably under the leadership of Egypt, one of the most powerful states in the Middle East at the time. Compared to other states in the Arab World, Nasser’s Egypt was stable, militarily powerful, and independent of foreign influence. From this position of re...
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...
Three decades ago, honorable Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and is really something that Canadian take a pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights? . To exactly know how effectively it protects your rights you can look at situations where it has protected and has not protected the rights of Canadians. The Charter of Rights and Freedom protects legal rights of Canadian whether they are a teenager or an adult, protects equality rights of Canadian and provides government services to all Canadians no matter what, ensures all laws are passed according to the Charter of Rights and Freedoms and provides equality rights and fundamental freedoms to Canadians for practicing their religion and other rights without interference.
Both Canada and the US have ideological duties to defend human rights. Being relatively young nations, both were conceived in a time when respect for civil liberties was growing and the idea of democracy was flourishing. While most of Europe developed democracy and current values and beliefs over centuries of monarchical rule, North America merely inherited the system from its European roots. Thus Canada and the US grew from a fundamental basis of independence and freedom, which developed into the conviction that both nations boast of today. It is because of this faith that the governments should take tougher actions against persistent human rights violators in order to protect the values of its citizens as democratic institutions. A democratic government, in theory, holds responsibility to its citizens and acts in accordance with the wishes of the citizens. (Lizhi 168) A recent p...
“The Danish Egyptian dialogue Institute” article. “Tribes and Elections in Upper Egypt.” Hiwar Magazine. Jan. 2012.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
On August 26, 1789, the assembly issued the “Declaration of the Rights of Man and Citizen.” Through judicial matters, this document was written in order to secure due process and to create self-government among the French citizens. This document offered to the world and especially to the French citizens a summary of the morals and values of the Revolution, while in turn justifying the destruction of a government; especially in this case the French government, based upon autocracy of the ruler and advantage. The formation of a new government based upon the indisputable rights of the individuals of France through liberty and political uniformity.
Human rights, specially those belonging to the first generation, as they are expressed in "The Universal Declaration of Human Rights" of December, 10th, 1948, are the end product of a long...