The Constitution : Reforming Responsible Government : Ensuring National Interest

“The spirit of democracy cannot be imposed from without. It has to come from within”. (Gandhi) A lawful and fair democracy is one that represents the people, where the will of the people is done not where the government’s will is enforced. Here in Canada we believe a democratic government is well suited for its people but like any other system it has its flaws. This country was a model democracy. Canada’s wealth, respect for legal, human and civil rights almost promises that this country has the potential to uphold a legitimate democracy. Reading headlines today concerning the state of democracy in Canada we can see how our political system is slipping. A democracy should uphold the rights of its people rather than the rights of a

The entrenchment of rights in the Canadian Constitution comes after long experience with a system of parliamentary supremacy. The American judicial tradition of treating the written constitution as fundamental law cannot have an instant Canadian counterpart. Thus, it does not follow that the Canadian courts will necessarily claim a role comparable to that of courts in the United States, nor is it clear that the representative bodies in Canada would tolerate such a judicial assertion of power. Opposition by government bodies to the Charter have already occurred in Canada, where the Parti Quebecois government of Quebec invoked the “notwithstanding the Canadian Charter of Rights and Freedoms” clause for the purpose of protecting their language laws from attack under the charter. This report will attempt to note some of the common and distinctive features of the text of the two constitutions as well as to how they differ.

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).

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 constitution guarded against tyranny by giving us federalism, separation of powers, checks and balances, and large vs. small states. The constitution was written in Philadelphia in the year of 1787. This established America’s national government and fundamental laws

As time goes on, some countries become more relevant in the global sphere while others start to fade away. Canada is a country that only becomes more relevant as time goes on. Since being granted full sovereignty, Canada has had a growing role as a major world player. Much of their international growth has to do with its close ties to the United States and the United Kingdom. However, the country has also undergone huge change and refocusing on a domestic level. With influence from both Europe and the United States, Canada has a very unique system of governing. This paper will focus on a few major areas of Canada. It will look into the history of Canada, the structure of its government, its politics, and many of the major issues it faces today.

The Canadian constitution is one founded on the idea of responsible government. This is a principle that is meant to hold the state. However, many have since struggled with understanding how the Monarch of Britain fits into this form of governance. Some say the monarch is meant to be the representation of the state, and the figurehead we need to keep our government in check. Others point out that the Monarch is an unelected official incompatible with the ideas of responsible government and democracy, for that matter. Scholars seem evenly split between both camps. A question must be proposed about these opinion however, is the Monarchy harmful enough to Canadian society to spend the time, money, and effort to overhaul our constitution? It shouldn’t have to be stated but abolishing the monarchy is no easy task, so to even undertake this measure, we as a society must be absolutely sure of the decision and the consequences Advocates of monarchy are expressing their support for the institution on nostalgic grounds,

Many modern democracies have a bicameral legislature which is a body of government that consist of two legislative chambers. The bicameral legislature provides representation for both, the citizens of the country and the state legislature on a federal level. The Canadian parliament has two chambers, the lower chamber which is an elected House of Commons and the upper chamber which is the non-elected Senate. The Canadian Senate is assumed to be a “sober second thought” [3] on government legislation which is a phrase that describes the Senate’s role in promoting and defending regional interest. There has been an immense amount of the public outcry regarding the Senate after spending scandal that occurred during the recent election period. A question that has induced discussion in parliament is whether the Canadian Senate should be reformed or not? This issue divides the population in half because of differing views. Some political parties want the abolition of the Senate to occur while other parties would like to have an elected Senate because provinces are not represented equally. A method of deciding the faith of the current Senate, the functions of the Senate and objectives of Senate reform should be defined. The assumptions about the purpose of the Senate, problems of the current Senate, the goal of Senate reform and the method of achieving the reform may help provide a consensus on how the Senate should be reformed.

For more than 200 years, the U.S. Constitution has been used to run the government of the United States, and it is what constructed and shaped America into the country it is today. The founding fathers had established a constitution that would create a perfect union, establish justice, insure tranquility, provide defense, promote welfare, and secure the liberty of American citizens. The constitution has done exactly what the founders have intended, but with a fast-growing population and a developing society, it has begun to limit the ways of the twenty-first century government. In Larry J. Sabato’s book, A More Perfect Constitution: Why the Constitution Must Be Revised: Ideas to Inspire a New Generation, he states twenty-three proposals on how the constitution can be modified to fit the needs of today’s society in the form of a second constitutional convention. For every proposal he proposes in the book, he also describes the issues that the current constitution poses on America today. A constitutional convention is needed and with more knowledge we have today than when the constitution was first written, it could now be revised and shape America into a better nation.

The Canadian Senate has been a long standing problematic section of the Canadian government and since its creation in 1867 and has been scrutinized for its effectiveness and purpose. In recent years, concerns have been raised and approaches have been suggested into reforming the Senate. Those in favour of taking drastic measures to reform or even abolish the Senate agree that the Senate is not functioning and not a trustworthy part of Canadian government. However, there are those who view that the Senate can still be saved say it has a purpose in the Canadian government since it serves a vital function in passing Canadian legislature. Nonetheless, maintaining a government body that is non functional needs to be addressed and revised and gone

David E. Smith’s book, The Invisible Crown: The First Principle of Canadian Government, contends that studies pertaining to the Crown should be revived because the Crown is the least understood institution in Canada. He claims the crown to be a structuring principle of government. While arguing the Crown’s centrality in Canadian politics, he posits that the Crown and its prerogatives empower the political executive and make it efficient, to the extent that it can produce an effect (x-xi).

Opposing the belief that a dominating leader is running Canada, Barker brings up several key realities of the Canadian government. He gives examples of several “… instances of other ministers taking action that reveal the limits prime-ministerial power,” (Barker 178). Barker conveys the fact that Canada is not bound by a dictatorial government, “…it seems that the prime minister cannot really control his individual ministers. At times, they will pursue agendas that are inconsistent with the prime minister’s actions,” (Barker 181). Both inside and outside government are a part of Canada and they can remind the prime minister that “…politics is a game of survival for all players,” (Barker 188). Barker refutes the misinterpretation of the Canadian government by acknowledging that a prime-ministerial government existing in Canada is an overstatement.

In this essay, I will demonstrate that the Prime Minister is powerful and can cause many potential dangers by analyzing different elements inside and outside of our government over the period of different Prime Ministers throughout the Canadian political history.

There is a fundamental problem with the democratic process in Canada. This problem is rooted within our electoral system. However, there is a promising solution to this issue. Canada should adopt the mixed-member proportional representation electoral system (MMP) at the federal level if we wish to see the progression of modern democracy. The failure to do so will result in a stagnant political system that is caught in the past and unable to rise to the contemporary challenges that representative democracies face. If Canada chooses to embrace the MMP electoral system it will reap the benefits of greater proportionality, prevent the centralization of power that is occurring in Parliament and among political parties through an increased

Canada is one of the largest and most culturally diverse countries in the world. These characteristics make the democratic governing of the country a difficult task. A democratic model is needed that respects the fundamental rights and freedoms of various diverse cultures, and unites these cultures over a huge land mass as Canadians. To do this the Canadian government is one which is pluralist. Pluralism is the ideology that groups, (in Canada's case political parties), should rule in government. These parties help protect the fundamental rights and freedoms of everyone living in Canada, regardless of their ethnicity, or religious beliefs. The role political parties play in Canada is vital for