The Quasi-Legislative Effect of the Supreme Court of Canada Essay

The Quasi-Legislative Effect of the Supreme Court of Canada Essay

Length: 2332 words (6.7 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview








The Quasi-Legislative Effect of the Supreme Court of Canada





Daniele Zerbo
300119020
25 March 2014
INTRODUCTION
The Charter of Rights and Freedoms, 1982 symbolized a new era for Canada. Championed by Pierre Elliot Trudeau, the charter entrenched the fundamental rights and freedoms of Canadian society, and allowed for those rights to be enforced by any individual should they be infringed upon. The enactment of the Charter of Rights and Freedoms illustrates yet another shift from traditional Westminster style of governance, and created a new political atmosphere. The notion of Parliamentary supremacy has shifted to accommodate constitutional supremacy, where two institutions must work together to balance the will of the elected and the language of the charter. Constitutions, the most basic of political institutions, have the power to affect politics, by defining the rules of the political sphere. Though Parliament remains supreme, the Charter of Rights and Freedoms has empowered the judiciary with the ability to interpret it broadly and settle major questions of public policy, something the Bill of Rights, 1960 could never really achieve. The charter has in effect, given the judiciary a quasi-legislative authority.
The Quasi-Legislator
This paper will argue that the Supreme Court of Canada has adopted a quasi-legislative approach in its decision making as a result of the Charter of Rights and Freedoms, 1982. Quasi-legislative is defined as having a partly legislative character by possession of the right to make rules and regulations, having the force of law (Merriam-Webster). In this paper, it is useful to define quasi-legislative as the court’s ability to influence policy, be it innocent or motivated, through charter enf...


... middle of paper ...


... of the judiciary as being one separate from government, in a non-political capacity whose purpose is not to question the acts of government, but rather to be the mediator when dispute arise (McLachlin, 2009). Clearly, McLachlin captures the essence of what the judiciary is. The Supreme Court of Canada is one of the most visible and trusted political institutions, which has shaped the country’s political arena. In practice, the Supreme Court of Canada does have a quasi-legislative effect on public policy.
Conclusion
This paper has argued that the Supreme Court of Canada has adopted a quasi-legislative role in their decision making as a result of the Charter or Rights and Freedoms, 1982.The broad and liberal interpretation of charter language, for better or worse has and will continue to influence Canadian politics and the formulation and adoption of public policy.


Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Judicial Process of the Supreme Court Essay

- Nature’s Judicial Process in the Supreme Court consists of decision-making; based on the jurisdiction of the Supreme Court. Although the Supreme Court has the capability to decide all extended cases; it also has the power to ascend under the Constitution, which allows the Supreme Court its jurisdiction in the Judicial Branch of government. The Judicial Process interpret the laws that are established in the Supreme Court; thus, allowing the Court to exercise its power by shifting its system under the Constitutional laws of the United States....   [tags: American Government, Supreme Court]

Powerful Essays
1160 words (3.3 pages)

Essay about The Prime Minister of Canada

- The Prime Minister of Canada has an integral role within the Canadian parliament. In the political Parliamentary system of Canada, the Prime Minister wields the executive responsibility. He is accountable for an assortment of administrative, managerial, and supervisory decisions in effect across the country. The executive role is the branch of government that is generally responsible for creating laws, and enforcing the regulations to ensure these laws are observed. The Prime Minister is the Head of Government in Canada....   [tags: Politics, Canada]

Powerful Essays
2331 words (6.7 pages)

Canadian Supreme Court Essay

- In 1990, the Canadian Supreme Court exempted members of the Musqueam community from general fishing restrictions on cultural grounds. Choose either the “unequal impact argument” or “the cultural resources argument” and explain how it might be used to support the view that it was right to grant an exemption in this case. Evaluate the strength of the argument as it applies to the case. On the 25th May 1984 Musqueam Band Member Ron Sparrow was caught fishing in the traditional Indian Fraser river fishery, using a 45 fathom drift net in direct contravention of his band’s food fishing licence issued by the Canadian Department for Fisheries which stipulated that Musqueam band members could only us...   [tags: Fishing, Canada]

Powerful Essays
1089 words (3.1 pages)

Essay on Has Work Become More Insecure and Unequal in Canada?

- Inequality, regarding the workplace and workforce, refers to a state of being which involves an absence of opportunity, fairness, and equality, coupled with the presence of extreme variability for a person or group. This extreme variability in work related conditions can lead to the development of strong feelings of insecurity in any person who has experienced such inequality. Insecurity is a feeling or situation people may experience where there is uncertainty, instability, a lack of safe working conditions, and feelings of doubt about work etc....   [tags: Canada]

Powerful Essays
1631 words (4.7 pages)

Supreme Court Cases Essay

- It was 1803 when Chief Justice Marshall used Marbury v. Madison to constitute the “legal principle of judicial review” (Marbury v. Madison). Judicial review allows the Supreme Court to rule on an issue concerning rather another branch of government’s legislation is constitutional or not. This is a basic definition, somewhat generic if you will. What is the deeper meaning/ use of judicial review. How does it affect modern day society. These are important questions to ask when one is trying to comprehend how a federal system operates, and advances with its society....   [tags: Judicial Review, Supreme Court]

Powerful Essays
1014 words (2.9 pages)

Essay on The Supreme Court of Canada and the Charter

- The Supreme Court of Canada and the Charter A democracy is a way of governing a country in which the people elect representatives to form a government on behalf of the country; with such a government, the idea is that everyone in that country has social equality. Social equality is state of uniformity in quantity, measure, value, privileges, status, or rights within a given society. Canada is thought to be a democratic country because, similar to the definition, the Canadian citizens select representatives by ballot to form a government on behalf of the country....   [tags: Papers]

Powerful Essays
2274 words (6.5 pages)

The Supreme Court Essay

- The Supreme Court At the apex of our federal court system stands the United States Supreme Court. It stands as the ultimate authority in constitutional interpretation and its decision can be changed only by a constitutional amendment. Two documents are responsible for its creation which is the Constitution, which explicitly creates the Supreme Court, and the Judiciary Act of September 24, 1789. The Supreme Court is the only court named in the constitution laying out the Courts basic jurisdiction, identifying the mode of selection and tenure for justices....   [tags: Supreme Court Governmental Congress Essays]

Powerful Essays
3505 words (10 pages)

The Supreme Court Essay

- The Supreme Court *Purpose of the Supreme Court* The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. The Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve very important questions about the Constitution or federal law. Appealing the state courts decision, you can ask it to be taken to the Supreme Court. To get their higher opinion....   [tags: Supreme Court Justice Constitution Judicial]

Free Essays
1220 words (3.5 pages)

Canada Essay

- Canada This ISP is is about my views on the Canadian Constitution and what I think needs to be changed in it. Some topics I have chose to discus, which I think need to be changed ar ones such as the notwithstanding claws and it's disadvantages, as well as the discanct society claws and it's disadvantages as well as what effects it has on the Canadian socity. I will also discuis the effects and disadvantages of what the appontiment of the suprem court judges. The supreme court of Canada is yhe higest court in Canada....   [tags: essays papers]

Free Essays
679 words (1.9 pages)

Canada Essay

- Canada Canada, is the world's second largest country and it is the largest country in the Western Hemisphere. It comprises all of the North American continent north of the United States, with the exclusion of Alaska, Greenland, and the tiny French islands of St. Pierre and Miquelon. Its most easterly point is Cape Spear, Newfoundland and its western limit is Mount St. Elias in the Yukon Territory, near the Alaskan border. The southernmost point is Middle Island, in Lake Erie and the northern tip is Cape Columbia, on Ellesmere Island....   [tags: Geography Canada Expository Essays]

Powerful Essays
2067 words (5.9 pages)