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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…
cabinet, has to be accountable to the legislature. This is carried out to keep the responsible government honest and reliable. The Prime Minister and Cabinet retain their power and responsibilities only if they are supported by the House of Commons (Dyck 10). Federalism is also one of the six principles of the Canadian Constitution.
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
Canadians. The rule of law is more than just “rules,” it is what makes all Canadian citizens equal. Rule of law is defined as “the constitutional principle that all government action must be based on law and that governments and government officials must obey the law” (Dyck 432). The rule of law, is very important to the Canadian Constitution. It states that no-one is above the law, not the Prime Minster nor Chief Justice (Dyck 266). The constitutional monarchy is the way our government technically works: our head of state is actually the queen. However, we have a constitution that makes sure she cannot interfere with Canada's affairs (Dyck 319). The Queen has a governor general who signs off for the Queen, giving approval for a bill (Dyck 318). Democracy is also apart of the principles of the Canadian Constitution. Second to the Charter Rights and freedoms, democracy is just as important (Dyck 134). Democracy is one of the most valuable rights of the country. Democracy is important because it gives all Canadian citizens over the age of eighteen a say in whom shall be the representatives for our country through formal elections (Dyck 271). In conclusion these six different aspects of principles of the Canadian Constitution, helps develop a strong nation. When each principle of the constitution is carried out properly our great nation should and will thrive.
Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution. However, if a Canadian feels that their rights are violated, they can challenge laws and unfair actions using the justice system. In my opinion, I believe the Canadian Charter of Human Rights somewhat protects Canadians’ rights and freedoms to some extent depending on the situation.
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.
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 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.
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.
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.
This essay has argued that there are many limitations that the Prime Minister is subjected too. The three most important are federalism in Canadian society, the role of the Governor General, and the charter of rights and freedoms. I used two different views of federalism and illustrated how both of them put boundaries on the Prime Minister’s power. Next I explain the powers of the governor general, and explained the ability to dissolve parliament in greater detail. Last I analyzed how the charter of rights of freedoms has limited the Prime Minister’s power with respect to policy-making, interests groups and the courts. The Prime Minister does not have absolute power in Canadian society, there are many infringements on the power that they have to respect.
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.
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.
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.
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.
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.