Liberalism Analysis

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The critical features of liberal legalism are expressed within the law and our legal system in that it is adherence to precedent, there is separation between judicial and legislative functions of government, and it is adherence to procedural formalities. In conclusion, legal liberalism is a legal and political theory that politics should be controlled by constitutional limits. Liberalism can construe a particular decision because although we are free to conduct ourselves how we see fit, we cannot obstruct someone else’s freedom therefore freedom is fundamentally limited. Liberalism expects a logical and rational “actor”. In order to act freely we need space so we aren’t getting in the way of someone else’s freedom, therefore citizens must act within the straight and narrow path of the set rules. It is a reality that society has inequality; consequently people are veering off the path and getting in the way of others freedoms. In reference to the R. v. MacDonald, 2014 SCC 3 case, the officer’s used their freedom/rights to push open Mr. MacDonald’s door but they got in the way of Mr. MacDonald’s freedom. Conclusively, liberalism construed the decision of R. v. MacDonald, 2014 SCC 3 in the way that the judge looked at whether the police officer’s had the right to push Mr. MacDonald’s door open (whether it went against Mr. MacDonald’s Charter rights or not) because the officer felt his safety was at risk when seeing a gun. The “Harm Principal” is applicable to this situation because although Mr. MacDonald had the right to act how he felt was appropriate; his ideas obstructed the officer’s right to safety and vs. the officer exercised his freedom to push the door open which infringed on Mr. MacDonald’s freedom to live the “good li... ... middle of paper ... ...t this matter be remitted to the Court of Appeal for sentencing and it will be necessary for that court to determine whether the mandatory minimum sentence applicable under s. 95(2)(a)(i) of the Code is constitutionally valid. These are issues that need to be decided by the legislative functions of government as opposed to judicial functions of government. Throughout this case, the judge was devoted to following procedural formalities and ensuring equality for all citizens. In conclusion, based on the reasons set out above, I wholly believe that the judge deciding on R. v. MacDonald, 2014 SCC 3 acted on the perspective of liberalism. Since the judge acted on liberalism, an equal decision was made and each citizen received their freedom and the politically correct decision. I feel each party was respected and each side, as well as the issues was considered equally.
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