R. V Morgentaler Case Study

There are higher courts assuring that the judges follow the law at all times. The Canadian Charter of rights gives us our rights and freedoms so people will have their rights protected while in court. A part of democracy is everyone having their rights and this advantage of an independent justice system ensures citizens that they will have them. The rights of the people need to be protected and with higher courts ensuring that they are creating an equal and secure justice system. People will not be afraid to go to court or unsure if their rights apply during the trial. The promise of rights and freedoms is not a threat to democracy, especially if it is helpful and provides for each citizen across Canada. In fact, it also forces judges to be under a law since they are people too. They are not the law, they just enforce it and this rule guarantees that a judge cannot just do whatever they feel like doing and give out unfair sentences or wrong decisions. This provides Canada with a democracy and no threat towards

The Supreme Court has significant impact on molding the society of the United States, so does it play an important role in the process of the realization of equal protection on the right to education. From Plessy to Brown, every case that had milestone meaning indicated the evolution on the equal protection of the right to education, and also marked the progress of American civilization. However, there are different points between Plessy and Brown. Brown v. Board of Education was educational case of black race, but Plessy v. Ferguson is not it; the result of Plessy is isolation but equal, the Brown show us that

n response to the criticisms of those who are anti-judicial activism, “supporters of judicial activism say such activism through judicial review is necessary because it allows the courts to step in and fill gaps in the law where minorities are not protected because of political pressures and where politicians are afraid to legislate” . This raises the argument that judges and the judiciary play a balanced activist legislative role in such a way that it protects the rights of minorities from legislation or regulation imposed by the government. Within our democratic system, legislators will pay attention to what the majority wants and they will pursue public policies, which favour the majority. This leaves minority interests vulnerable to the legislations and regulations imposed by the government. By playing an active role, the judiciary ensures that the rights of the minorities are protected and that law does not contravene with the Charter of Human Rights and the Constitution of Canada. Through this kind of judicial activism, the courts strike a balance with the legislatures role. This is not to say that the judiciary takes on the role of policymaking and the legislature, but rather that both institutions embrace what is referred to as a “dialogue” where there is a balance between judicial decision-making and legislative-executive decision making . However, according to MacKay, “it is legitimate for the courts to engage in a form of judicial policy making so long as they do

The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern

Plessy v. Ferguson , a very important case of 1896 in which the Supreme Court of the United States upheld the legality of racial segregation. At the time of the ruling, segregation between blacks and whites already existed in most schools, restaurants, and other public facilities in the American South. In the Plessy decision, the Supreme Court ruled that such segregation did not violate the 14th Amendment of the Constitution of the United States. This amendment provides equal protection of the law to all U.S. citizens, regardless of race. The court ruled in Plessy that racial segregation was legal as long as the separate facilities for blacks and whites were “equal.”

The Supreme Court case Plessy v. Ferguson is known for having established the precedent of “separate but equal.” The case originated in Louisiana and was specifically made to the separate passenger cars that were for the black and white races. The Supreme Court, in this case, upheld the right of Louisiana to separate the races and “this decision provided the legal foundation to justify many other actions by state and local governments to socially separate blacks and whites” (Zimmerman, 1997). It was not until the famous Brown v. Board of Education case in 1954 that the highest court in the land outlawed the principal of segregation and the concept of “separate but equal.”

However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by the law as property and not even citizens of the United States. As well, in Plessy v. Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution ("separate but equal"). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional.

In contrast to the Canadian parliamentary system, which has remained fairly static and unchanged since Victorian times, the Canadian legal system has undergone a tremendous evolution over the last century and a half. When looking at Canadian history in depth one discovers the repeated movement to take power from the superiors or the overruling and place it into the palms of the people. As seen through examples our western law (canadian law) has slowly branched off from the supremacy of God (mosaic law), to the supremacy of the monarchy (bristish law), finally to a realization of the importance of citizen participation in the creating, governing, and administrating of the laws (Greek law).

Ferguson case of 1896 in which the Supreme Court upheld the legality of racial segregation. At the time of the case, segregation between blacks and whites already existed in most schools, restaurants and other public facilities. In the Plessy v. Ferguson case, the Supreme Court that such of a segregation did not violate the 14th Amendment of the Constitution of the United States. The 14th Amendment provided equal protection of law to all U.S. citizens regardless of the citizens race. The court ruled that the Plessy v. Ferguson case was legal as long as black and whites were equal. After this law came to be, public schools, public transportation and other public facilities were made separate; but they never had made these places equal. Equality represents what the United States stands for. We the people work together in marches, protests to oppose discrimination on the basis of race and gender. The Sacco and Vanzetti case showed the world that the how justice system in the United States really was. Sacco and Vanzetti received an unfair trial and were sentenced to death, not due to the evidence being presented, but due to their political beliefs and ethnic backgrounds. As Americans, we tend to be afraid of what happens and due to these fears we forget about what it truly means to be an American. This is the world we live in and quite some times, things are unfair; it’s the way the world

The court case known as the Brown v. the Board of Education is notorious for the fight against educational segregation. The court case fought to show the people that “separate” cannot be “equal”. Things such as “The Doll Test and the Fourteenth Amendment” both reveal the truths about how exactly “seperate” cannot be “equal”.

The Plessy V. Ferguson and Brown V. Board of Education are two cases that changed the way that we live today in a quite dramatic way. The Plessy V. Ferguson was a case that promoted segregation. The majority voted for segregation and the minorities opposed the idea and the key precedent that was established after this case was that the U.S. Supreme Court didn't base their trial off of the constitution and instead based their trial upon the statement 'separate but equal'. The Brown V. Board of Education case was a case that completely opposed the idea of 'separate but equal' because the whole case revolved around the fact that a mother wanted her children to go to a school that was easier to get to however it was a school that was only for white children so the mother decided to take the case to court and the majority voted on letting the African American students attend white schools and the minorities voted otherwise. The key precedent that was established after this case was that segregation in schools violates the 14th amendment and it should not be permitted by the U.S. Supreme Court. These two cases were important for the transformation for the America we have today, and they influenced America's thought process and actions significantly.

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.

The landmark Supreme Court cases of Dred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas have had a tremendous effect on the struggle for equal rights in America. These marker cases have set the precedent for cases dealing with the issue of civil equality for the last 150 years.

The Brown v. Board of Education Court Case served as a highlighted issue in black history. Brown v. Board help different races comes together in public schools. This case became very big 1950s lots of attention was drawn to the case at that time. News reporter and critics had different views and opinions about this case. This case in 1954 causes lots of issues and views towards the black race. The quote “separate but equal” is vital due to “Plessy v. Ferguson” and the famous lawyer Thurgood Marshall who argued this case, and the success of this case itself.

Brown v. Board is a judicial activism case because the judges who made the decisions in both Plessy's and Brown's cases to bring their opinion into the matter and make a decision based of of it. The judges initially had a lower opinion of African Americans at the time of Plessy v. Ferguson and they felt that the conditions and the fairness of the Jim Crow laws was right and just. Whereas, later in Brown v. Board the Supreme Court saw now that Blacks were equal with Whites and deserved to have the same privileges and rights, as any person should.