1. Canada is a federal state where power is divided between the provincial and federal government. Each level of government is responsible and has jurisdiction over specific areas of law and spheres such as; education, health, corrections, etc. Canada is a constitutional monarchy where the Queen of England is the head of the government and the Governor General acts as her representative in Canada, and works alongside the Prime Minister. When Canada became a British colony, it was later confederated, joining Ontario, Quebec, Nova Scotia and New Brunswick. This was done by The Constitution Act of 1867, also known as The British North America Act which also divided provincial and federal powers within Canada . Later in 1931, The Statue of Westminster
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However, The Bill of Rights is not as successful as The Charter of Rights and Freedoms which falls under the Constitution Act of 1982 which is part of the Canada Act of 1982. The Charter has the same purpose as The Bill of Rights, but it gives citizens and non-citizens more rights and protection from the government. It has also been used to strike down many laws that infringed on people’s rights such as abortion laws and same sex marriage. (274 words).
2. Liberalism is a legal theory that emphasizes individual rights and freedoms over utilitarianism. John Locke is known as one of the key figures in liberalism, and he describes a social contract that would ensure individual rights and an equal relationship between citizens and the government. There are four main themes that are outlines by Brian Tamanaha. Firstly; “the individual is free to the extent that the laws are created democratically. Citizens have thereby consented to, indeed authored, the rules they are obligated to follow. The individual is at once ruler and ruled” . Therefore citizens must participate in creating the laws that will govern them otherwise they are not obligated to follow them.
However, The Bill of Rights is not as successful as The Charter of Rights and Freedoms which falls under the Constitution Act of 1982 which is part of the Canada Act of 1982. The Charter has the same purpose as The Bill of Rights, but it gives citizens and non-citizens more rights and protection from the government. It has also been used to strike down many laws that infringed on people’s rights such as abortion laws and same sex marriage. (274 words).
2. Liberalism is a legal theory that emphasizes individual rights and freedoms over utilitarianism. John Locke is known as one of the key figures in liberalism, and he describes a social contract that would ensure individual rights and an equal relationship between citizens and the government. There are four main themes that are outlines by Brian Tamanaha. Firstly; “the individual is free to the extent that the laws are created democratically. Citizens have thereby consented to, indeed authored, the rules they are obligated to follow. The individual is at once ruler and ruled” . Therefore citizens must participate in creating the laws that will govern them otherwise they are not obligated to follow them.