Sara Aminaei Essay no.1 Q1. Harry Arthurs has argued that "Globalization renders dysfunctional any system based on national policies, laws, and institutions." Explain whether or not you find his argument persuasive and support of your argument with reference to the substantive regulatory areas examined in the course. The political climate in the western hemisphere has altered the judicial system in Canada in numerous ways. Since the post-war era we have seen a push for globalization and neoliberalism and have been reassured consistently by the leaders on the global stage that this is essential for our world economy to thrive. It is not reasonable to disagree with Arthur that globalization has become a dominant theme and impacts …show more content…
In this light, Canada, as “one of the most open advanced economies in the world”, has close to 60 to 70 per cent of GDP, which is attributable to both exports and imports (Arthurs 3). The heavy reliance on globalization in Canada traces back to the political climate of the early 20th century due to it being a loyal ally to the United States. Of course, unlike America, Canada does not have privatized groups on the same scale. For instance, the United States has privatized health care and prison systems (in light of the recent Trump administration universal healthcare is currently unknown). Through privatization of major organizations, the government cuts its responsibility for some of the public programs and relays it to the public. These private organizations keep propelling their agendas to increase their wealth and power. This creates a conflict for our society as the government is not serving the needs for everybody but the needs for the upper class. This act is often reinforced by lobbyist groups. The Internal Revenue Service (IRS) defines lobbying as a follows: “an organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.” The IRS is careful with wording to say
In a pluralist democracy like in the United States, interest groups have played a major role throughout the history through highly organized factions and are aimed at different levels of government. Lobbying is one of the tactics of the interest groups to aid their agenda through implementing new laws and regulations. "If you want to have your face in the light, you should have your back in the dark". Similarly, the influences of the interests groups and lobbyists have good and bad effects on the people and the society.
A large difference between the Canadian and American Criminal Justice System is that in Canada, all first-time judges no matter what level of court have to be lawyers and had to have been for at least five years, although virtually all appointments come from lawyers who have at least 10 years of experience(Choosing Judges in Canada, 2010) the judges are appointed by the federal or provincial government, superior court judges are appointed by the federal government meanwhile the inferior courts; which are all courts that are not the superior court, are appointed by the provincial government. “In many American jurisdictions justices and judges are elected to their positions, they must meet certain basic requirements, including citizenship and residency” (How judges are elected).
Canada is currently sitting at a population of over 30 million people and is ranked 11th in the world in terms of exports (Canada: Economic Freedom, 2017). The economy in the country seems to be thriving very well with many skilled workers and plenty of jobs for most individuals in the civilian labor force. For the most part, Canada has always done pretty well in terms of having a successful economy. Starting in the early 50s Canada was thriving primarily off of the waterways unlike today the country thrives off selling petroleum, cars, and other things other countries need and want. Although this shift from a farm based economy too much more industrialization did not happen until after the Great War, it wasn't until the 1920s until Canada
Canada's Justice System It’s a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that’s true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great.
In the period of historical globalization, a lot of horrible events had happen and many people have suffered, also lost what they had such as land, culture, languages, family, freedom, and dignity. Like the Rwanda incidents, Apartheid Law in South Africa and the incidents in Residential Schools in Canada. Although those things had happened, they still survive and right now is rebuilding and moving forward to not let it happen again with the little help of NGOs. In my opinion, Contemporary society has done enough to respond to the legacies of historical globalization. Moving forward and start making a better future is the only answer for those horrible events from repeating itself.
More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again.
The Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made are consistent with those rights and freedoms. The Charter was established firmly in “The Constitution Act, 1982”, with the declaration of this act Canada escaped from the severe practice of concept of parliamentary supremacy. The Charter has an enormous effect on court’s decision power to award justice to important and debatable issues about policies that affect public. In awarding the verdict courts are not even reluctant to rewrite laws that violate the testament of the Charter. The judges have a duty to regulate the rulings of both provincial and federal governments which, disagree with the root value of Charter.
Since the creation of the United States government, political lobbying has played a large role in influencing the creation and modification of laws. The act of lobbying is to solicit or try to influence the votes of members of a legislative body (Dictionary.com). There has always been controversy surrounding the political lobbying system, due to the potential of corruption through bribery. Two important pieces of legislation became laws as a result of this controversy. The Federal Regulation of Lobbying Act of 1946 and the Lobbying Disclosure Act of 1995 were created to prevent potential abuse within the political lobbying system.
Canada has become a country where laws such as: assisted suicide, prostitution, and abortion are becoming easily altered by higher powers; the power of the judges. Canadian judges are changing certain laws that affect the quality of living. The question comes down to who is truly in charge of law making in Canada? The government may make the laws, but judges may reject and change the entirety laws through the use of the entrenchment of the Charter. Additionally, judicial supremacy retains their power through a paradoxical parliamentary supremacy. Furthermore appointing government officials and electing government officials plays a tremendous part in correlations to Canadian democracy. To summarize, judiciary are too powerful through the entrenchment
Both sides of the topic have gripping reasons why they feel the way they do. The supporters believe that lobbying is acceptable and contributes to a healthy democracy. In this light, lobbyists are simply seeking power within governmental and public affairs. In the United States our political system is based on power, authority, and legitimacy. One of our nation’s values is the fact that people can and should try to influence our political system; individuals have the power to bring attention to important issues, matters of public concern, and current problems. Supports argue that lobbying cannot contribute to the demise of American democracy. All these factors contribute to what is our political system and lobbyists are arguably doing their best to advocate for the people, even if huge sums of money are involved.
Canada today faces a major challenge when it comes to access to justice. The civil, criminal and family justice system has become very complicated, slow and extremely expensive for majority of Canadians. These issues are particularly glaring to low income earners, people with disabilities and other minorities. Canadian justice system have become incapable of providing solutions that can addressing problems brought to it. With the creation of the Canadian charter of right and freedom, access to justice became more of an equality issue. It moved from simply being the capacity to litigate, to the quality of outcome or outcome focused. While there have been efforts to reform the system, our courts continues to lack institutional structures that can address change and create a more equitable judicial system both in capacity and outcome.
We believe that our judicial system does not support the rights guaranteed in Canadian charter rights and freedom and focus on legal guilt over factual guilt. The Canadian court system sentencing procedure see’ over both sides of the story carefully but court focus on proving suspect guilt rather then innocence. Our judicial systems currently have many flaws and it’s clearly noticeable in some situations. There have been a lot of cases where our judicial system failed to provide justice to the victim or guaranteed rights to society. Our main law that has been compromised in years is the privacy law. Fifteen years ago privacy was not as important as it today, the main reason for that is technology. As science advance it came up with all these new gadgets such as cell, computer and tables and with all technology came the rise social media. We now have Facebook, Twitter, Istagram, and many more online social media sites that people uses. Our law says that all of our private information cannot be disclosed to government unless someone is a threat but these rights have been violated multiple times. The first time it was an issue was in G20 summit, June 2010. Lately is have also been an issue in Canadian spy companies. Also government recently passed the bill c-150, which clearly violates our charter rights.
The Criminal Justice System [in Canada] aims to “deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent” (Garside, 2008), however, this definition curated by the Centre for Crime and Justice Studies is inherently vague and does not encompass numerous vital aspects associated with the criminal justice system. A key component in the institutional structure of the criminal justice system is the involvement and integration of the government. In Canada, the government openly plays an integral role in the formations of policies, regulations, and procedures within the justice system, however, policies, regulations and procedures that are not directly linked to the criminal
Sometimes a lobbyist can only get a couple minutes of their time, so the lobbyist must be prepared to make what they are going to say to persuade them fast. Lobbyist usually provide arguments, confirmation, and research to maintain their group situations. Many government officials don’t have time to research the issues themselves, so they depend on the information that interest groups and lobbyists provide to keep them informed and up to speed. Even though persuasion is a very important part of lobbying, interest groups also provide some material incentives to government officials. Also, what wealthy interest groups usually do is contribute to campaigns, and run advertisements to reach their goal. Another useful method interest groups use to accomplish what they want is boycotting, or declining to purchase an organizations
In Thomas L. Friedman’s “Globalization: The Super-Story”, he examines the features of globalization from various aspects and how it helps people better understand 9/11 events. He claims that globalization is the new improved system formed in place of the old “cold war system”(102), and through the patterns of which, people observe today’s world in an integrated way. Simple short phrases, organized structure, colloquial language, and punctuation are techniques Friedman uses to create a reader-friendly, convincing essay. To begin with, Friedman uses simple short phrases to emphasize his points. He starts with an enthusiastic term “big believer” (102), which establishes the colloquial