In a democratic society the government is not a single all- powerful authority wielding ultimate decisive power. ... The purpose of the Charter of Rights and Freedoms is to guide and shape the interactions of the citizens with the government. ... An example of this was when the elites in government decided it was deaf to the rule of law, when the elites in government imposed its will on parliament through non-electoral methods during WW2 when Japanese-Canadians were put into internment camps. ... The government elites broke their own rules and laws through racially discriminating against the...

• Word Count: 2856
• Approx Pages: 11
• Grade Level: Undergraduate

One must recall that section 33 allows parliament to maintain supremacy over the judicial branch of government, and in doing so gives opportunity for legislation to pass without process or justification. ... In the last hundred years, Canada's use of the judiciary branch of government for adjudication has created a means for the protection and sustenance of fundamental rights and freedoms. ... Mandel's assumption of elitism is based on the fact that appointment to the Supreme Court requires at least some prominence in the law profession which is largely represented by the white and ...

• Word Count: 3226
• Approx Pages: 13
• Has Bibliography
• Grade Level: Graduate

Challenging state power can be done both informally, fluctuating methods of challenging government decisions by persons affected by the decisions and processes, and formally, methods that are more permanent than the informal methods of challenging government decisions. ... The power of the media is based on their ability to provide wide access to information in an extremely fast time. ... Privacy bodies, such as the Privacy Committee of New South Wales, are formed to advise the government about breaches, or potential breaches, of privacy by government bodies. ... The Courts have developed a po...

• Word Count: 2831
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

The government has made a statement concerning their goals for such electronic monitoring. ... One huge privacy issue is based in the tracking of cell phones. ... Right now, the government can obtain transaction logs containing a person's entire on-line profile just getting a subpoena from an investigator (Edwards and Boucher). ... New bills require the government to reimburse the phone companies for reasonable costs of the growing needs from law enforcement. Cellular companies are also being pressured by the government for the tracking of ...

• Word Count: 2697
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

By definition, democratic governments depend on political participation by citizens in order to keep democracy alive. ... (Cole 9-25-01) Having a large income gives a citizen the opportunity and the resources to support their governmental institution, and by supporting their governmental institution they are participating in their government. ... Most of the time participating in the government is a luxury. ... Education provides an understanding as to why, how and when it is important to participate in the government. ... Citizens who do not have these skills are most likely citizens who were...

• Word Count: 2557
• Approx Pages: 10
• Grade Level: Undergraduate

The study of law based on the Corpus Juris was instituted at European universities, and the Corpus Juris became an important part of Continental law. ... In many provinces, which now enjoyed more careful government and suffered less f! ... Yet, the Mediterranean world attained peace and prosperity under the government of Augustus, who was celebrated in temples, statues, and dedications as an earthly redeemer. ... These codes were based on much older sources of law, mostly statutes and legal writings from the classical period. ...

• Word Count: 2515
• Approx Pages: 10

THE SUPREME COURT OF CANADA AND THE `LEGAL AND POLITICAL STRUGGLE' OVER INDIGENOUS RIGHTS[*] ABSTRACT/RESUME Many Indian leaders have recognized that the Supreme Court of Canada has changed direction very significantly on issues of treaty and aboriginal rights. As a result, Indian ...

• Word Count: 4016
• Approx Pages: 16
• Grade Level: High School

In recognizing the freedoms of the individuals as well as the right of individuals to remain free from discrimination, the Charter establishes the principles upon which labor protections are based. ... As Section 32 states, the Charter applies to both Parliament and the government of Canada. While the Charter sets a minimal declaration of rights, provincial governments have the ability to extend upon the basic freedoms outlined in the Charter. ... Further, it constitutes as a positive right that must be defended by the government. ...

• Word Count: 3245
• Approx Pages: 13
• Has Bibliography
• Grade Level: Graduate

This Assize was to replace the earlier case settlement method "trial by battle" (where the parties duelled to determine successful party) or "trial by ordeal" where an accused person would have to undergo a rather gruesome and painful task on the premise that, if they completed without injuries, or their injuries healed quickly, then they would be treated as innocent in any kind of charge lay against them.5 This was based on the principle of divine intervention and the belief that divine forces would not allow an innocent person to be harmed. ...

• Word Count: 2914
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

A mentally ill inmate is not entitled to a full-blown hearing before the government may force him or her to take anti-psychotic drugs against his or her will. ... Because of the particular challenges administrators face running prisons, the Supreme Court has acknowledged there is a compelling government interest which warrants limiting prisoners' rights. ...

• Word Count: 3147
• Approx Pages: 13
• Has Bibliography

"Any form of government, including republican or popular government, which does not fulfill the requirements of civil and political life is either a tyranny or a corrupt republic- that is, the two worst calamities that can befall a people" Essentially, tyranny under this theory involves the absence of the rule of law. ...

• Word Count: 4508
• Approx Pages: 18
• Grade Level: Undergraduate

As disenchantment progressed, it also began to reject even the natural law theory which is based on the idea that the main tenent of law is the unfolding of reason (Blank, 2011: 639). ... It finds its basis in general rules as opposed to being based on ad hoc assessments. ... This is to say that the law is created based on an imagined, perfect state of being. ... This seems to fit in perfectly with the idea of theoretical legal imagination in that it based on imagination a perfect state which involves an unconstrained imagination. ... This fits into and is illustrated in Sach's ideals and...

• Word Count: 2633
• Approx Pages: 11
• Grade Level: Undergraduate

That is why this is a problem not only for the United States, but in this case it is a problem for the governments of the countries where the people are from. One of the issues that is causing this chaos is that the neighboring governments are not doing anything to change the situation. ...

• Word Count: 2638
• Approx Pages: 11
• Has Bibliography

Aside from biased views, there are also many flaws that exist in our justice system, such as the appearance of racial inequality in court, problems of the public defender system such that it is based mostly on the socioeconomic concept, and the involvement of police abuse and misconduct. ...

• Word Count: 3114
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

Austin: Positivist Identity of law: what makes the law the law Law (is) = Rules + (issued by a) Sovereignty. Rules = General Commands A command is an expression of a wish backed by a threat to inflict an evil (=sanction, like telling the child to get the toy is not a command unless it is backed b...

• Word Count: 7680
• Approx Pages: 31
• Grade Level: High School

" Legalizing marijuana would also place a dual burden on the government of regulating a new legal market, while continuing to pay for the negative side effects associated with an underground market, whose providers have little economic incentive to disappear.... There would be two choices according to (Clements, Zhao & Lan, 2009), "If marijuana were legalized and taxed, the new market price would crucially depend on the tax rate the government imposes. ...

• Word Count: 4020
• Approx Pages: 16
• Has Bibliography
• Grade Level: Undergraduate

INTERNATIONAL RULE OF LAW AND THE INTERNATIONAL COMMUNITY Through the principle of 'sovereign equality of states' it can be noted that the theory of 'rule of law' does exist in international law as well.12 In Article 2 Paragraph 1 of the United Nations Charter, it is proclaimed "The Organisation is based on the Principle of Sovereign Equality of all its members....

• Word Count: 2663
• Approx Pages: 11
• Grade Level: Undergraduate