The Pros And Cons Of Charter Narrows Discretion

Among other duties the SCC has the responsibility of keeping in check the authority of the Parliament, the political party in office and, and the Cabinet. However, with constant changing reforms the SCC has merely become “largely an extension of the power of the Prime Minister who appoints SCC judges” (Schafer, Huffington Post). While different prime ministers of dissimilar political ideals are involved in the process of appointing judges a setback arises when one federal political party holds office over several elections consecutively. Thus, when that prime minister eventually leaves his position, the principles that Canada once agreed with would ultimately be present in the majority of the SCC judges who remain in their positions until they pass away or retire. Since Prime Minister Stephen Harper has lost the last election, seven of the nine SCC judges were appointed by him; meaning that while Canada has moved on to favoring liberal principles, if and when the Charter is challenged one must consider the nature of the

The UK’s unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts much debate about the ease of which constitutional change can be introduced. A written constitution is, by definition and practice, hard to alter however it remains to be seen whether it is any easier to change an unwritten

An analysis of the US and Canada’s systems reveals advantages and drawbacks within each structure. While it is apparent that both countries could benefit from the adoption of portions of the

The Canadian Senate’s initial purpose is to review legislative proposals that are sent from the House of Commons, in other words to serve as a chamber of “sober second thought”(Malcolmson,Richard,Gerald,Thomas .138) The Senate is known to have statutory power to defeat, stall or pass bills that are sent from the lower house. The intention behind this function was a response to the democratically elected House of Commons that may possibly fail to respect property rights regarding people of lower and higher classes. The Senate body is designed to protect property rights and to pay attention to

Notwithstanding the many shortcomings of the Senate, it is an important institution that serves an essential purpose. Although it is rarely commended publicly for its accomplishments, other public servants and academics praise the Senate “for the breadth and quality of its investigative and scrutiny functions in committee” (Smith, 2003). In order to understand the Senate, one must distinguish the roles of the upper and lower houses. While the House of Commons serves the elective function of making or unmaking government “the Senate is not a confidence chamber” and thus serves a distinct, yet equally relevant role (Smith, 2003). The Senate, and bicameralism more broadly, was instituted as a constraint on government. Its justification “rests on obstruction: rather than empower, it restrains government” (Smith, 2003). This impediment to the unchecked power of the House of Commons justifies the preservation of the Senate as an institution. While some consider the Senate unnecessary or redundant, it is an essential element of Canadian government. However, despite its significance, it is not particularly well liked and some consider it to be the “most criticized institution of government in Canada” (Frank, 1988). For over sixty years, the issue of Senate reform or abolition has been inherent to Canadian political discourse (Frank, 1988). Given the importance of the Senate in Canadian

During the second chapter of his book, Hudson addresses a second challenge: The Imperial Judiciary. Within this, he looks at “two alternative theoretical approaches” surrounding the judiciary and its power, to better fit with a democratic government (Hudson, 88). These two alternative theoretical approaches brew down to either being a judicial originalist (strict constructionists) or a judicial pragmatist (living Constitution).

Justin Trudeau spoke to the political risks of this charter; he says that the PQ has miscalculated her expectations of what Quebecers will respond to. It is a significant factor in the process, some people may comply with this secular change and some will fight back against the

One of the most notable effects of adopting the Charter is that it greatly expanded the scope of judicial

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

To convey on these essential standards, the government. must attract with, and be receptive to, the troubles of Canadian natives. the fundamental initial introduce this procedure is to ensure we've got an assembly that speaks to the need of the final population – that suggests a conclusion to first-past-the-post option, a conclusion to false larger elements, and the formation of an options framework that guarantees all Canadians

This essay will explore the changes that Article 263 TFEU has had to the accessibility of judicial review before the CJEU as well as assessing whether the reforms introduced were sufficient enough in improving a private parties ability to bring government decisions under scrutiny. In addition, the judgments of the Court in Inuit and Microban will be considered. This essay will analyse present criticisms of the definition set out in the two cases and the overall effect of the new article.

The Special Joint Committee of the House of Commons and the Senate was implemented in 1980 in the wake of the Quebec referendum on independence. The goal of the committee was to hear submissions from the public on amendments to the Constitution. In a three-month consultation period, 914 individuals and groups submitted briefs before the committee (Clément, 2015). Hoping to have a direct impact on the Canadian constitution and the Charter of Rights and Freedoms, five organizations

This paper is a review of chapter’s one (1), two (2) and three (3) in Thomas A. Birklands (2016) fourth edition regarding policy process. The reading attempts to define and show what is meant by policy process, how government, politics and the public are intertwined, problems that are associated with the policy process and how we address the problems. Current day events as well as past history are applied to the practice of policy process which assists in defining the process and highlighting its connection and importance. Thomas A. Birklands refers to the Clinton administration, the Obama administration and the George W. Bush administration, the DARE Program, World War II, and the Vietnam War, in the chapters and leads us down a path discussing

In 2011, three legal and constitutional scholars, Peter Aucoin, Mark D. Jarvis and Lori Turnbull set out to write a book detailing what they believed to be obvious and egregious errors in the way in which the current form of responsible government as it was practiced in the Canadian federal government, fell short of operating within basic democratic parameters. Canada has a system that is based one the Westminster system, in which its the Constitution act of 1867 is influenced by British principles and conventions. “Democratizing the Constitution reforming responsible government” is a book that makes an analysis for the reform of responsible government in Canada. The authors believe that from the unclear rules, pertaining to the role and power of the prime minster foresees for a failing responsible government. In this essay the functions of the government , conventions of the constitution, the a proposal for reform will be addressed.

In Li CJ’s judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the “rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. The great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions.” In this essay, this statement would be discussed with reference to the role of the courts and their relationship to the legislature.