It provides several elements that help in shaping our political frame. Elements such as the Constitution, the executive, the legislative and the judiciary branch are what define the current Canadian political system. Each branch has its fair share of duties and responsibilities in governing the state. The legislatures are responsible for making and amending laws, the executive have the responsibility of implementing those laws and day to day management of the government and finally, the judiciary which represents courts and judges that interpret and review those laws (Brooks, Lesson 11, slides 11-15). All of these aspects are powerful in the sense of running a constitutional monarchy in a democratic state like Canada.
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The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock in Dupont V steel (1980), ‘Parliament makes the laws, the judiciary interpret them’. However, judges have the power to change rules or make new rules through precedent or statutory interpretation, as mentioned in R V Sigsworth (1935) by Lord Denning, ‘We fill in the gaps’. The doctrine of precedent is based on the requirement that judges must follow decisions made in earlier cases (stare decisis), and on the face of it would seem to limit their freedom to be creative. First of all, there is the hierarchy of the courts, which means that courts are bound by decisions of other courts higher up in the hierarchy. Although with the use of the 1966 Practise Statement, the Supreme Court is allowed to depart from its own earlier decisions, as for example in Hetherington v British Rail and Shivpuri and also in R V Gemmell and Richards (2003) where the Supreme Court overruled the decision in Caldwell by using the 1966 Practise Statement.
Upon reading about the Federal Courts in the United States, I learned many things I did not previously know. The website itself offers a lot of information that is outlined on the website and is very straightforward to follow. There are many subsections within the larger sections as well; some sections even have links for further reading. The first section I read was the section titled “Understanding Federal Courts”. Beyond the three basic branches of government, legislative, executive, and judicial, the Federal Courts are also divided.
Canada also played a crucial role in the drafting of the UN Charter. A Canadian man named John Humphrey is often given credit for drafting the Charter of the UN and Canadian Prime Minister Lester B.
The Quebec Student Protests is a good example of Canadian Political science because it demonstrates the role of Canadian government and their relationship with the public, and because concepts of Canadian political science can be applied to it. The three concepts that will be applied to the issue of Quebec Student Protests are Interest Groups, Violation of Charter of Rights and Freedoms, and Canadian Nation & Identity. These concepts will help build a better understanding of the issue by thoroughly analyzing the issue showing how it escalated and why it escalated and by demonstrating the significance of the issue in
Did you know that The Canadian Charter of Rights and Freedoms was set in place in 1982? The Canadian Charter of Rights and Freedoms is set in place to help protect the individual rights of Canadians. Within the Charter, Canadian citizens have many rights and freedoms, for example, the right to express their opinion, vote, move freely around Canada and to be free from discrimination. If the government enacts legislation to refute these rights and freedoms, as Canadians, we are able to take the issue to the Supreme Court of Canada to fight for our rights. Democratic rights give you the right to vote for members of the House of Commons and the provincial legislature.
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Judiciary is the system of courts that interprets, and applies the law, in the name of the state or federal government. A court with judicial review power, may invalidate government laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers, so no one branch of government can accumulate too much power. The power of the judiciary is to supervise the legislative and executive branches, with their job being to review the law, and interpret the constitution.
Personal Canadian Identity Profile My ethnic background is derived from a few different cultures and countries from my ancestors past. My ancestors come from England, Sweden and Finland. The most dominant influence from my past has been through my Finnish background. I can trace back many different cultures but my Finnish background is the most interesting. My mom’s maiden name was Wiley and her mother’s maiden name was Martin.
How can he help it?” The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock, “Parliament makes the laws, the judiciary interpret them/” However, judges have the power to change the rules or make new rules through precedent or statutory interpretation, as mentioned in R v Sigsworth (1935) by Lord Denning, “We fill in the gaps.” In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that every court is bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous decisions in similar cases to help maintain a degree of consistency in the way the law is applied in similar cases. It is based on the maxim “stare decisis” which means stand by what has been decided. The Ratio Decidendi (reasons for deciding) is the binding part of a judge’s decision, but how judges interpret this can vary, thus changing the impact it can have on future decisions. The obiter dicta (things said by the way) though not binding can still be used as persuasive precedent and so a