The Canadian Charter of Rights and Freedoms is an effective tool to ensure and maintain a just society as it protects the innocence of people, protects and ensures past laws and states fundamental freedoms, all of which work to create a thriving society. Before the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental.
How does the Canadian Charter Of Rights And Freedoms protect Canadians as individuals? Many Canadians know that the Canadian Charter of Rights and Freedoms is part of Canada’s Constitution. The Charter protects every Canadian’s right to be treated equally under the law. The Charter guarantees, for all Canadians, Fundamental Freedoms, Mobility Rights and Legal Rights. Under the Charter in the section entitled Fundamental Freedoms”, Canadians have the right and freedom to express their own opinions, choose their own religion, to organize peaceful meetings and demonstrations and also the freedom to associate with any person or group.
Just as in other countries, the law in Malaysia can be found not only in legislation, but also in cases decided by the courts. The courts in question are the Federal Court, the Court of Appeal, and the two High Courts. This is because only decisions of superior courts are sources of law as they are the courts that decide on matters of law whereas lower courts generally discuss on matters of fact. Decisions of the higher courts are binding to the lower courts which is known as stare decisis. Stare decisis is a latin term which means to stand by what has been decided.
Canada is operated as a constitutional monarchy, where the monarch, Queen Elizabeth II, shares power with a constitutionally organized government, led by the Prime Minister, Justin Trudeau. Some also wonder why this government works so well for the Canadian people. "Constitutional Monarchy works well in Canada because it has the ability to adapt to changing conditions over the course of its evolution from a colony to a country" (Canada, A Constitutional Monarchy.) A constitutional monarchy shares power with a constitutionally organized government. The monarch of Canada is also the monarch of Britain, Queen Elizabeth II.
First of all, the federal government was now able to deal with language and other rights issues more effectively. Since Canada now had control over the constitution, the federal government was now able to ease tensions created by French and English relations. Moreover, the Charter of Rights and Freedoms was entrenched in the Constitution. This meant that it was firmly established in Canadian law, and that it would be extremely hard for it to be removed or changed in any significant way. Likewise, the rights of Aboriginals were entrenched in the Constitution.
Madison case implications was the establishment of a precedent, which is a legal decision to serve as an example in other court cases. The court is interpreted as having the power to review the acts of the congress as well as that of the president and thus can overrule the laws it finds to be unconstitutional. The bold ruling decision also established the Judiciary as an equal partner with the legislature and the Executive in completing the government system. In this regard, the constitution is the supreme law of the land and it is the Supreme Court that interprets the meaning of the constitution. It is, therefore, the duty of the judiciary to say what the law
The U.S. culture is very similar to Canadians as we are exposed to it all the time in media sources. The events in American history have also affected Canada from a political perspective, which lead to the Democracy that is present today. Another way the U.S. has affected Canada is from a military perspective because Americans are quick to jump to war and Canada has had to help control them which lead to them being peacekeepers. The United States helped mold the Canadian identity by being both a threat and support to the nation; this will continue into the 21st century but Canada will keep it’s unique identity. A country 's culture can be seen as interchangeable with identity; in Canada there is evidence of American culture everywhere.
1. Aboriginals peoples should have their own court system because there would be no bias or over generalized stereotyping to skew decisions or sentencing. Aboriginals are overrepresented in our Canadian Court System. Alcoholism and crime go hand in hand. Alcoholism in Aboriginals unfortunately is a common problem because of colonization and social upheaval.
Each branch of the government needs to carefully make the right decisions as they are ultimately representing the country and the people as a whole. Article I of the Confederation is about the Legislative Branch, its purpose is to make laws that would help our country. The Legislative Branch can print money, raise an army, declare war, and control commerce, it is also the only Branch of Government that can create new laws or change existing laws. The Legislative Branch is split into two houses: the Senate and the House of
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice. The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia.