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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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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). Dyck defines responsible government as a “form of government in which the political executive must retain the confidence of the elected legislature and resign or call an election if and when it is defeated on a vote of non-confidence”(432). Essentially this means that the executive branch of government, which is the Prime Minister and his office/staff, along with the …show more content…
Federalism is the principle that provincial and the federal government each have their own jurisdiction that they are responsible for (Dyck 289). Some examples would be, health care and education, which fall under the provincial government, whereas national defence and taxation, fall under the federal government (Dyck 291). Federalism ensures that all provinces and territories should be treated fairly and that the premiers of each province and territory work together with the federal government to communicate in all matters. The next important principle of the Canadian Constitution is the judicial review. The judicial review is the power of the executive branch of government (Dyck 12). Essentially, the judicial review states that any law that the government makes, can be struck down by the Supreme Court if it violates the Canadian Constitution (Dyck 401). This is a prime example how the judicial review protects the rights of
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...
Dual federalism is when the states and the federal government are responsible for their own separate things. Both the federal government and the states have complete control over the areas they govern.
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.
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.
1. a) Federalism is a system in which national and state governmental share power in order to govern the people. They share powers in regards to law making, the execution of laws, and how the laws are carried out.
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.
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.
The Prime Minister of Canada has an integral role within the Canadian parliament. In the political Parliamentary system of Canada, the Prime Minister wields the executive responsibility. He is accountable for an assortment of administrative, managerial, and supervisory decisions in effect across the country. The executive role is the branch of government that is generally responsible for creating laws, and enforcing the regulations to ensure these laws are observed.
Federalism is the power of a country, divided between the state and federal government. Federalism was not included in the articles of confederation, which left the states with all of the power. Federalism was chosen in the United States because the U.S. wanted there to be more control in the National Government. The U.S. State government wanted to keep some of the power, so federalism was a good system of government to choose from because they got to split the powers between them. Federalism has many benefits in California.
Canadian intergovernmental relations are complicated due to many factors including the division of powers between the federal and provincial government. It is widely known that the Constitution Act, 1867 laid out the powers and jurisdiction of the federal and provincial government. In order for the Constitution to be upheld and followed, a national court was needed. Prime Minister Alexander Mackenzie and parliament enacted the Supreme Court Act which created a final Canadian Appeal Court and the Supreme Court of Canada which was composed of one Chief Justice and five puisne Justices (Iacobucci, 28). However, the number of Judges in the Supreme Court has risen to nine, which includes the Chief Justice. The Justices are chosen from throughout Canada “so that the judges would bring a rich diversity of experience and understanding to the Court (Iacobucci, 32). Functions of the Supreme Court of Canada include interpreting the Constitution including the Canadian Charter of Rights and Freedoms, judicial review, and determining the division of powers between the federal and provincial governments. The Supreme Court of Canada has had a significant role in determining the division of powers between the federal and provincial governments; therefore, has made how the country of Canada the way it is today. The role of the Supreme Court of Canada has changed throughout history, having different effects on the Canadian government. The interpretation of the division of powers between the federal and provincial governments by the Supreme Court has changed substantially through the Judicial Committee of the Privy Council, peace, order and good government clause, province inabilities, and the Canadian Charter of Rights and Freedoms.
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.
A Federal system is a system of government where power and sovereignty are shared constitutionally between a central authority and subunits. The central authority retains primary sovereignty while the subunits (state, province etc.) retain a degree of autonomy. Examples of federal countries include Ethiopia, Germany, and USA etc.
There is a major difference between what law is, and what law ought to be. Although several ideas derived from natural law theory line up with the beliefs of the constitutional monarchy of Canada, there are inconsistencies. That said, the system of law in Canada is most comparable with Legal Positivism. After analyzing the purpose of Legal Positivism, the similarities between it and Canada’s legal system become obvious. Both systems exercise the concept of primary and secondary rules, both contain a theory of legal obligation and lastly, both have a theory which answers for judicial interpretation.
Federalism the vertical aspect of the separation of powers of Constitutional, federal, state, and local governments. Federalism is the idea of the coexistence of a federal and state government, with overlapping duties and authority. Federalism is a marked feature of American democracy.
Federalism is a legal concept that is centered around the concept that law is best handled as a two layered responsibility. Federalism is also built on a belief that sharing power with the local government is key to a successful governance. According to the text book, “the United States was the first nation to adopt federalism as its governing framework” (pg83). The following are a few examples of some advantages, as well as disadvantages of Federalism.