In a democratic society the government is not a single all- powerful authority wielding ultimate decisive power. Democratic institutions, such as courts, the executive and legislative branches of government, rely on the strength of the majority vote. ... 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-Can...

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

It is designed to be independent from the government and it works with investigative bodies, such as both the Federal and State police force to uncover corruption. 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 Federal Privacy Committee was formed in 1988 under the Privacy Act. ... The Administrative Appeals Tribunal (AAT) is a Federal body created by Federal Legislation designed to hear full appeals against Commonwealth Government ministers, officers and authoriti...

• Word Count: 2831
• Approx Pages: 11
• Has Bibliography
• 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. ... As the law profession is largely made up of white, upper class citizens, it may be inevitable to have an unrepresentative supreme court, but is this not also the case with the executive branch of g...

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

The government has made a statement concerning their goals for such electronic monitoring. ... Conversely, Gregory Nicolaysen, founder of the Association of Federal Defense Attorneys, complains that too many judges rubber-stamp wiretapping requests and that the new laws will only make the situation worse: "The assumption is that those who are being wiretapped are criminals anyway" (Stamper). ... It is disappointing that the Federal Communications Council resolved this issue in favor of police powers and against privacy" (Edwards and Boucher). ... New bills require the government to reimburse t...

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

Yet for decades the Government of Canada referred to the Syliboy decision as defining the status of treaties in Canadian law. ... At issue were treaty protected hunting rights, on the one hand, and the Migratory Birds Convention Act, a federal statute, on the other. ... They agreed with the decision in the court below which enforced the federal legislation. ... Ian Binnie, then the leading figure in the federal Department of Justice on Indian constitutional issues, was asked what rights he thought were protected by section 35. ... The federal government had an "empty box" theory. ...

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

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. ... In 1996, Congress passed the Prison Litigation Reform Act (PLRA), which has been seen by many critics as unfairly limiting inmate access to the federal court system. The PRLA contains five major provisions: Prisoners must exhaust internal prison grievance procedures before they file suit in federal court. ... Interestingly, no state or federal appeals court has forbidden male officers from supervising female inmates in the showers. ....

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

The extension of the Charter to incorporate employee rights can be understood by evaluating the relationship between the federal charter and its application at the provincial level. 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. ... Through this ruling, the Supreme Court utilized the federal framework to broaden the scope of protections at the provincial level. ... Further, it constitutes as a pos...

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

State and federal judges can use judicial discretion, however it's important to emphasize that their discretion is not unlimited. ... Judicial discretion is also constrained by the rights assigned in the other branches of the government, and by the doctrine of "stare decisis", or better describe as maintaining what has been decided (Manaugh). ... If the state or the federal administration passes a law, then it's called statutory law, which judges are compelled to follow, although when the law it's not clear they can interpret it. ...

• Word Count: 2655
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

The statement has been made for several years, by groups ranging from law enforcement to political, that our local, state, and federal prisons are running out of room because of the number of people incarcerated for drug-related offenses. ... In reality, a vast majority of inmates in state and federal prison for marijuana have been found guilty of much more than simple possession and many of those serving time for marijuana possession pled down to possession in order to avoid prosecution on more serious charges.... " Legalizing marijuana would also place a dual burden on the government ...

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

The Declaration of Independence states, "All men are created equal, that they are endowed by their Creator with certain unalienable Rights". But how much of this is true? Since the very beginning of the legal system in the United States, there has been inequality. Appearance has held such precedence...

• 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