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Parliament of Canadas Administrative Process - Essay Example

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The paper "Parliament of Canadas Administrative Process " discusses that democracy may be the receptive part in crafting laws—civil rights for that instance—for it floats the perception that it is through the people that the foundations of law are based upon and are assessed.  …
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Parliament of Canadas Administrative Process
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[Insert [Insert [Insert Argumentative Points of the Parliament of Canada's Administrative Process Is the Americanization of Canada an inevitable process Cultural ties, demographical statistics and political traces would best fit in answering the question of the existence of the so-called Americanization of Canada. Such goes along to show that even the point of fact that there has been a doubt of its existence unfolds a ravishing truth that even those who are under the state elaborated by the fact are unaware of the stakes that it has. As stressed in the book of Margaret Atwood, "[t]he English speaking Canadians protest that they will never become Americans - they are already Americans without knowing it" (Axline). Atwood's Surfacing may perhaps bestow the thought with lamented ambiguities, thus the introduction of the matter-published by Samuel Moffett during the year 1972-would prove that Canada and the US are two societies intertwined in logically similar elements. The very fact that Canada is one of the most competitive societies compared to that of the dominating countries, along time the US has proved its ability to spread its dominion in almost any form of government. No matter how hard Canada shall deny the fact that they will outlive the power of America, they will not be able to do so, without learning the American verity. Further, the US is globally recognized to be the biggest fish in the ocean of commerce that those who intend to fish for a greater catch will need to go along with the flow of the ocean. Hence, it is evident that Canada is thriving hard to sustain its social ego to combat in the realm of trade and commerce against America. Statistical repots have shown that there exist an immense issue with regard to the status of the US-Europe, being the next big star in the limelight-and that Canada is looking for means to beat the mark which has long boggled their economical egos. However, Canadians become unaware that the more they try to fit in the world of lights and glory, they are already becoming Americans in that certain field. The maple is blooming with fine fruits but its roots are being blown by the hurricanes of Americanization-little do we know, the trunk could no longer hold its origin and the bigger tree will overrate Canada's empire. Which level of law enforcement is most effective Unexpected circumstances come in the most unanticipated manner in any form of state. Due to the immense rise of globalization, competition and the never-ending debate on worldwide dominion, terrorism has prudently become the top rated problems in any country. However, in the age of the 21st Century, several critics and environmentalists struck the humankind with the shocking discovery on the condition of the earth's ozone layer. Global warming, the most controversial environmental dilemma has now been marked as a truth in the society's lists of dreadfulchaos. With this, the Canadians-like all the other members of the United Nations are building a campaign in saving the environment for the sake of the future's generation. As a matter of fact, the pressure has been given to every resident in the country wherein the levelof enforcing the laws, which adheres to the campaign, has brought several individuals to a sudden dismay. Not only that, long term plans for development in infrastructures and other sort of governmental plans also shifted in an enormous diversion of financial allocations. It may then be argued that the enforcement on environmental awareness has moved even the large companies in the area of jurisdiction and the famous political icons (Parson). In a logical point of the argument, it shows that the law has been treated in flying colors-a very rare scenario in the context of liberalism. Moreover, the fact that the policies in environmental control have already started a milestone with explicit results in success, collaboration is considerably at its peak. Health along with resources is undeniably the most well regarded issue in any vicinity (Parson). If police power is unable to beat the odds of those who are masters in involving with illegal activities, and the church cannot completely covert every person to turn to their beliefs, and parents find it hard to control their children in going home late, then the world has met its greatest law: the law of nature-a law which needs general collaboration and not merely a rule for one, but a rule destined to save the only hope of humanity. Is the preferential treatment of First Nations' people outdated Canadians are very much aware of the historical context of the existence of the French-Canadians and the contribution that they have given the country. The existence of the First Nations is presumably the most predominant features in Canadian History that the contemporary government places these representatives of traditionally loyal heritage the treatment which they believe are deserved by them (McRoberts). However, this has also become an issue that made the contemporary masses think that the preferential treatment is already overrated and thus is no longer making sense in the realm of cultural appreciation-financial issues has lurked the skeptics and many believed that the treatment given to them and the average individuals as well. Perhaps it would be odd to take away the appreciation which they have always expected in the light of their efforts, hence, I believe that it is already time to move on and appreciate them in a manner that they will also be of great contribution to the country and not lay their roots on the idea that they have been the "natives" of the locale. News have stressed that they are onto a campaign in getting back the lands which they believe they owned and they have astounding demands on the fulfillment of their treaty rights-education, legislative specifications, and other sorts of treaty honoring-which on the other side of the coin have been debated by critics to be going out of bounds. I believe that the more the First Nations are given the treatment-like that of a spoiled brat in a family, spoon-fed-the dilemma on making them perform their duties as citizens of the country will be a devastating problem in the near future. The treatment given to them is already outdated and the government must look for another mean to show the citizens that there is equal treatment to all and not only to the few (Parson). When considering the War on Terrorism, should the rights of the state precede the rights of the individual Which rights are you willing to sacrifice to make society safer When terrorism strikes, the country is shook with the perception that even the 'home' is no longer a safe place. The issue on human rights must not be compromised at all stakes (Kooten and Arthur). The constitution of the country as well as the vision and the goal of the state clearly states that "the government is for the people (Cullet)." In the light the question on choosing which to focus on is way beyond the limits of constitutional and humanistic progression. The citizens of the country must at all times be the priority of the government-the people responsible in beating the odds of terrorism, per se'-and that includes 'all' forms or sorts of situation which may possibly hit the grounds of their area of jurisdiction. Not only that, the government is also obliged to uphold the general welfare of its citizens and have their long term plans in accordance with the delivery of basic services of the tax payers (the residents of the country for that matter). Further, the question is consequently an absurd matter. Given the fact that all the rights of the state are coherent with the rights of the individuals in it-therefore, no matter what happens, every move must not precede the rights of the individuals. In a literal context of the scenario, the rights of the individual are the focal point and nature of all the rights that a citizen may possibly have (Smith). With this, in a situation where the residents are not collaborating with the laws and regulations of the state-making the scenario worse than it can possibly be-it is under the discretion of the government to impose sanctions (standard procedures in evaluating the efficiency of a government) and with it, the rights are preserved but the predicament has been contained. How important is judicial independence to the functioning of democracy Democracy-considered as the "third wave" of democracy has been the most popular governmental transition across the globe. Several scholars considered this shift-authoritarian to democracy-as a factor which gave them hope in the ability of the government in performing its responsibilities and in strengthening the fact that the law is indeed moving in flying colors. There have been numerous deliberations on the positivity of the "ruling in the government" in uplifting the rights of humanity that when democracy has commenced, many moved mountains and were given the ounce of faith. With this, the rise of legislative processes which gave birth to the connotation of "judicial independence" has given almost all of the countries the chance to have laws which adheres to their individual needs and not only to the needs of the government or of those under office. This then is a manifestation that the country is able to run in a direction where the people-the inhabitants of the locale for that instance-are able to live with a government and a set of laws which lives in the idea of general welfare and of "power for the people." It is through judicial independence that the government is able to craft laws which required the participation of all the members of the country with the heeds and the needs of the whole society ("The Constitution Acts 1867 to 1982"). After all, the judicial branch is the institution which is normally charged with the enforcement of the constitution, rights, and other democratic procedures which in essence, idealistically help the country become a better place to live in and realistically serve as the backbone of the people. Nevertheless, the establishment of judicial independence creates a mechanism for defense of constitutionalism as the vanguard in promoting safeguard in countries as a whole (Smith). Is parole a right or a privilege "A conditional and revocable release . . . of a prisoner with indeterminate or unexpired sentence, who has served a part of his sentence . . . the release to become absolute on the expiration of his sentence, provided no condition has been violated" (Jobson)-the most clear-cut definition of a parole answers the question in absolute precision. Given the fact that a parole is stated in the constitution and is hereby followed by the citizens, therefore it may be considered that is a right and a privilege for any citizen of the country. Moreover, even though a parole is subject to conditions, still, any individual is entitled for one given that the person follows the specifications stated by the law ("The Constitution Acts 1867 to 1982"). The parole system, tracing back the vortex of history, cannot be taken away to any offender. This goes to show that it is right which all citizens of the country must be able to acquire if needed, and a privilege which they could grab dependent on how they are able to tag along with its characterization. In canon law, a privilege a concept which gives a person an exemption of an ordinary operation of the law over a specific time for given purpose while a right is the set of privileges that an inhabitant has regardless of race, class or origin-provided that he or she is a legal settler in the country. However, the catch of the thought counts on the idea that the grant of parole may also be unconsidered as a "vested right" of a prisoner since it is a "recent statutory method of penal treatment . . . except in those states which treat parole as an off-shoot of pardon solely within the discretion of the executive." The definition and the understanding of parole may be vague and ambiguous in form, thus it hitherto connotes that there are still a lot of unclear lines in the constitution which needs ample attention. Is the Kyoto Protocol the best interest of Canadians Consider economic and environmental factors. The pervasively heating issue on the efficiency of the Kyoto Protocol as an answer to the world's dilemma on global warming has been a top notch on the "areas of concern and debate" among scholars and critics in the contemporary era. Given the fact that protocol is well thought-out as "a legally binding greenhouse gas emission constraint on industrialized countries. . ." (Bhringer and Vogt), its celebration as a milestone climate protection standard procedure in the Canadian perception shall most likely fall into eradication. This then falls to the idea that "Kyoto more or less boils down to business-as-usual without significant compliance costs ratifying parties" (sic). More specifically, in critical research and evaluation of the gist of the whole scenario, the truth on the real intent of the world-renowned tool for environmental salvation-Kyoto Protocol-many believed that no country should receive an abate greenhouse gas emission over the non-cooperative level. The market power of the binding emission constraints may in one form or another induce effects on the regional and the global welfare, but still the changes expected and the rebate anticipated by the participating countries are to count millennia (Kooten and Arthur). In a deliberative study on the effects of the latter, it appeared that Canada is hitherto piously moving upward on the global warming campaign but the funds allocated for the aforementioned field of quantitative analysis watered down the environmental effectiveness as well as with the impact that it has given the financial aide of the country. The US has already withdrawn its support on the so-called Kyoto Protocol-for crying out loud, why are the Canadians still going after its unstable efficiency Should the over burdening of the Canadian Military cause the government to reconsider its role in World Peacekeeping The preservation of international peace is perhaps the most challenging area of concern by any government in the world. As for the Canadians, such also eats a large part in the government's generally accepted dogma and an imminent dispute which political leaders deem as the ultimate achievement-and a training ground for higher position diplomacy. The Canadian contribution to United Nation's NATO and other UN peacekeeping agreement bonds also create a whole new dimension in the race for fame and power in global politics and dominion (Canada; Spartacist) Consequently, the sudden rise of threat by the implicitly diminishing dominance of the American league and the strain and forceful push of the Canadian spirit in taking hold of the global scepter makes the race and the challenge rigor and mysteriously exciting. However, settlers of the Canadian borders with loved ones sent to the raging war for the call of peace has always bothered the politician's level of priorities. Burdened, stressed and emotionally exhausted-the Canadian military troops are noted to be weary of the participation in hostilities and the families of the said armies never stop pleading to have their boys back home ("Structure of the Government of Canada"). The pressure then sets foot on the grounds of the government-which heed shall they follow Perhaps the recent news that the war in Iraq and the dream of defeating terrorism by conducting peace talks-not armed combats-is a slight relief to the Canadian armies. The irony on these floats in the idea that upon enlisting in the armed forces and having the vow to protect the country, the military should have set their minds of the fate that they shall hold (but the government also crafted "rights" for them). Do unelected judges have too much power It is through the judge that justice and the implementation of the rights of the citizens of a certain country are obtained. Due to the massively complex and broad concepts introduced in the verity of the government, the supreme court is in no doubt the most controversial branch of the parliament and the most well-sought personalities especially to those citizens who are very much inclined with law-adherent concepts. ". . . [g]ives unelected federal judges awesome power. Whenever these judges exceed their constitutional prerogative to interpret law and instead read their personal views and prejudices into the Constitution--a practice that has become known as judicial activism--the least democratic branch of the government becomes the most powerful as well." (Meese, 1993) As stated, the irony takes place and the level of authority amongst the judiciary branch-specifically the unelected judges-are evidently very powerful. Encompassing the tradition and the law in the field of legislation and interpretation of such, this exemption on their scope of liability and finesse will surely scare many, especially offenders since the one who gives the last laugh is given the supremacy in such appropriation. Further, Meese even stressed that, "[t]he framers recognized the necessity of judicial restraint and the dangers of judicial activism" ("Supreme Court of Canada") what was supposedly the branch to do the balance and check over the legislative and the executive bodies are now given the roving crown of preeminence. Is the Canadian Charter of Rights and Freedom too liberal Does it impede democracy The liberality of a charter or a constitution is an inevitable state. Given the fact that it embodies the set of laws in a country, and then it must follow a pat which is not stagnant but rather consistently developing and improving for the benefit of its citizens. Consequently, it is through a tolerant schema that a certain law becomes acceptable and apt for the fast shifting or changing society ("The Constitution Acts 1867 to 1982"). Traditionalism always plays an important role in harnessing the efficiency of laws made; since it is through culture and tradition that legislatures are able to have a sufficient foundation on the results of the laws as well as with the consideration on the impact that it will have in a community. More specifically, amendments were crafted for the aide of the above mentioned stand, and in the vortex of political narration, it has proven its ability in binding the competence of the government as a whole. Democracy may be the receptive part in crafting laws-civil rights for that instance-for it floats the perception that it is through the people that the foundations of law are based upon and are assessed. If a certain law is found to be irrelevant or extraneous for the immediate period of time, then it is the responsibility of the government to review these and conduct further deliberations for its enhancement. Canada's bible of the nation may be complex and complicated-some scholars would mull over it as too coercive-but the whole gist of the scenario only proves that traditionalism and development is present. Like the forefathers of this country, striving for excellence and competitiveness is a vital factor in being a Canadian. No wonder why some may not thoroughly understand the relevance of these laws and doubt its aptitude-this then challenges every citizen to balance and check for a vivid Maple existence. Works Cited Read More
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