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Citizens’ opposition to the Senate has reached a new height. It is clear that the Senate is no longer acceptable. The Parliament of Canada consists of Monarch, Senate and the House of Commons, every department is indispensable, or it will involve changes in policy. “The Senate in Canada has a long and diverse reform, it should back to 1874. At that time, the members of the House of Common did not allow each province to select its own Senators.”(Markarenko, J. (n.d.). Senate Reform in Canada. Retrieved September 23, 2017, from http://www.mapleleafweb.com/features/senate-reform-canada) The existence of the Senate is still valuable, but the system of the Senate need to be reformed more reasonable because of the effective of the Senators, the prestige and capital of the Senator and the election method of the Senators. Because of effective of some …show more content…
Reforms are needed. A few decades ago the standard seems still not to have been accepted today. “The Senators need to open the Senate books and answer all the citizens' questions. The citizens can rest assured that the effective expenditure of taxes. In addition to public expenditure of taxes, the parliament can also elect the senator by establishing an independent and credible committee.”(Alghabra, O. (01/23/2014). Retrieved September 24, 2017, from http://www.huffingtonpost.ca/omar-alghabra/senate-reform_b_4268401.html). Not only to increase the trust of citizens, but also to be effective improvement. The parliament can change the limits of the term of the Senator, where they need to be long enough to stay independent and collect experience, in order to the complacency can be carried out, but not too long. In general, the Senate should serve Canadians to ensure that the proposed law is adequately studied and takes into diverse perspectives. Overall, the Senate will be reformed more and more reasonable by wisdom and
However, there are inherent problems with this type of senate reform, where it asks both federal government and certain provinces to lessen their power so that all provinces have an equal platform to broadcast their issues and regional interests. The idea that these two conflicting governments are involved in the national legislation process would form problems, and even this idea of change would change the normal practices of parliament. This idea a triple E Senate calls for constitutional changes, which are difficult to do, and why so far the Prime Minister has only made informal changes since they would need a 7/10 provincial approval with at least 50 percent of the Canadian population on top of the approval of both parts of parliament. It calls for a complete overhaul of the current senate, to become better suitable for regional representation of the Canadian population (gibbins
...e observed now as easily as it might be in it's final form. The prevailing notion is that through judicial interpretation or legislative act it should be more onerous to affect legislative override, not to the level of constitutional amendment of the rights in question, but perhaps a moderated super majority . The dialogue created by judicial-legislative interplay is truly indispensable to the democratic process, however the possibility exists that the dialogue could be circumvented and replaced with a legislative diatribe. As equally unappealing is the judicial monologue, the disdain for which increasingly dominates legislative analysis in the United States. The override provision effectively eliminates such concerns in Canada. The inevitable democratization of our override provision will in time perfect the dichotomy so vital to legislative-judicial conciliation.
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explicitly ‘reserved’ to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist.
Burke, Marie. "Seven aboriginal senators: 40 years (looking back on the Senate's Aboriginal representatives)." Windspeaker Dec. 1998: 9. Canada in Context. Web. 3 Dec. 2013.
Canada’s parliamentary system is designed to preclude the formation of absolute power. Critics and followers of Canadian politics argue that the Prime Minister of Canada stands alone from the rest of the government. The powers vested in the prime minister, along with the persistent media attention given to the position, reinforce the Prime Minister of Canada’s superior role both in the House of Commons and in the public. The result has led to concerns regarding the power of the prime minister. Hugh Mellon argues that the prime minister of Canada is indeed too powerful. Mellon refers to the prime minister’s control over Canada a prime-ministerial government, where the prime minister encounters few constraints on the usage of his powers. Contrary to Mellon’s view, Paul Barker disagrees with the idea of a prime-ministerial government in Canada. Both perspectives bring up solid points, but the idea of a prime-ministerial government leading to too much power in the hands of the prime minister is an exaggeration. Canada is a country that is too large and complex to be dominated by a single individual. The reality is, the Prime Minister of Canada has limitations from several venues. The Canadian Prime Minister is restricted internally by his other ministers, externally by the other levels of government, the media and globalization.
Stevenson, Garth. "Canadian Federalism: The Myth of the Status Quo." Reinventing Canada: Politics of the 21st Century. Ed. M. Janine Brodie and Linda Trimble. Toronto: Prentice Hall, 2003. 204-14. Print.
Quebec has struggled with a need to be maitres chez nous “masters of their own house” (Young, 1998). Many attempts at resolving Quebec's issues has resulted in tensions from both sides. Because Quebec has a strong national identity, and do not define themselves as strictly Canadian, Quebec is seen as difficult, unyielding and discontented. Quebec's separation perhaps is inedible and the future of Canada questionable. Canada without Quebec will bring about many complications and whether there is a rest of Canada (ROC) after Quebec a major challenge. Western alienation and the lack of representation in federal affairs will be a factor; moreover, past actions and historical events may have turned Canada into a time bomb, and the deterioration of the provinces the only sulotion. How First Ministers react to Quebec's sovereignty regarding economic factors, political structure, and constitutional issues will be of great importance. Whether emotional issues will play a major role in decision making is subjective; however, it is fair to say that it will be an emotionally charged event and it could either tear apart the ROC or fuse it together. Placing emphasis on investigating what keeps Canada together is perhaps the key to Canada's future, and salvaging a relationship with Quebec.
However, the proposed systems must be thoroughly examined for their compatibility with Canada’s needs and their ability to resolve the issues outlined in this paper. From distortion in representation to Western alienation and to making the voices of minorities heard, the new system must also ensure that Parliament fulfills its role in representing, legislating, and holding the government. More importantly, after the current government abandoned its promise on electoral reform, it is important for researchers and future governments to build on the knowledge acquired by the Special Committee on Electoral Reform as well as previous experiences of the provinces with electoral
In the United States of America, there are a number of national issues that go unresolved and become more of a major issue subsequently. The lack of resolution in some of our nation’s most critical issues is due to the lack of a common ground between opposing political parties. Issues such as healthcare, climate change, abortion, same-sex marriage, taxes and welfare are reoccurring problems in the United States due to congressional gridlock. The cause of congressional gridlock can be attributed to the difference in liberal and conservative views, which can be further examined through some of the nation’s most prominent reoccurring issues such as immigration and gun control.
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...
Different states have various ways of ruling and governing their political community. The way states rule reflects upon the political community and the extent of positive and negative liberty available to their citizens. Canada has come a long way to establishing successful rights and freedoms and is able to do so due to the consideration of the people. These rights and freedoms are illustrated through negative and positive liberties; negative liberty is “freedom from” and positive liberty is “freedom to”. A democracy, which is the style of governing utilized by Canada is one that is governed more so by the citizens and a state is a political community that is self-governing which establishes rules that are binding. The ‘Canadian Charter of Rights and Freedoms’ allow Canada’s population to live a free and secure life. This is demonstrated through the fundamental freedoms, which permit the people to freely express themselves and believe in what they choose. Canadians also have democratic rights authorizing society to have the right to democracy and vote for the members of the House of Commons, considering the fact that the House of Commons establishes the laws which ultimately influence their lifestyle. The tools that are used to function a democratic society such as this are, mobility, legal and equality rights, which are what give Canadians the luxury of living life secured with freedom and unity. Furthermore it is safe to argue that ‘The Canadian Charter of Rights and Freedoms’, proves the exceeding level of efficiency that is provided for Canadians in comparison to other countries where major freedoms are stripped from their political community.
Frist, federalism is the division of power between the provinces and the federal government (Cutler 2010, 3). As well, Federal systems tend to be made up of multiple parts, which do not necessarily work together (Brock 2008, 3). There has been an increase on the study of federalism in recent years, which has created a more in-depth look at how federalism impacts the government. (Farfard Rocher 2009, 294). There are two aspects of federalism and both of them put limitations on the influence of the prime minister. The first is called political asymmetry; this encompasses the various attitudes of the different provinces such as the culture, economic, social and political conditions and how it shapes the relationship between the provincial and federal governments (Brock 2008, 4). This can create a problem for the federal government because it means that they may ha...
Stilborn, Jack. Senate Reform: Issues and Recent Developments. Ottawa: Parliamentary Information and Research Service, 2008.
May, E. (2009). Losing Confidence: Power, politics, and the crisis in Canadian democracy. Toronto, ON: McClelland & Stewart.
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...