Comparison of US Bill of Rights and The Canadian Charter of Rights Essa

BACKGROUND OF THE shoot OF RIGHTSThe United States cock of Rights came into being as a result of a promise do by the Fathers of Confederation to the states during the struggle for ratification of the opus in 1787-88. A great number of the states made as a condition for their ratification, the increase of amendments, which would guarantee citizens protection of their rights against the rally government. Thus, we create a rather fire situation in which the entrenchment of a shaft of rights in the American Constitution was done by the virtual lease of the states, they themselves fearing a central government which was non legally constrained and dependent as farthest as its business leaders were concerned. The resulting file of Rights is appended to the American Constitution as the first ten dollar bill amendments. These amendments automatically became an integral part of the original document, qualification them part of The domineering Law of the Land. It was then act ually entrenched, as the idiom is used in Canadian terminology. The American civilised War had a very complicated effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states rights, among other things, and the states rights interpretation had actually wooly-minded and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 the Thirteenth, Fourteenth and ordinal Amendments. The Fourteenth Amendment in the long run became the heart and soul of the modern American Constitution. roughly of the legal strifes surrounding the United States Bill of Rights have been to make it a truly national document such that states whitethorn not bodge its eatable. The Fourteenth Amendment finally made this possible. A more(prenominal) sudden, but by chance equally profound event is th e adoption in 1982 of the Canadian convey of Rights and Freedoms. Whereas before the adoption of the rent Canadian legislatures were supreme, having power without limit in spite of appearance their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explicitly reserved to the flock, supporters of the lock nevertheless push through to give Canadians hope that the possibility may exist. similitude OF B... ...wo constitutional documents may be similar in respect to their provisions respecting rights, it would not inevitably follow that claims of violation of rights would receive the same solution from the courts of both nations. A proper analysis of why this is so would require a book-length work out of the constitutional and political history of Canada and the United States. It would admit but would not be limited to the selection and share of judges, the role of legislatures and political leader ship, the attitudes and practices of the legal philosophy and administrative agencies, and, not least, popular attitudes towards rights, minorities, and government. In short, the square of a peoples way of life.BibliographyMcKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights and Freedoms. Toronto Ontario Economic Council, 1983Dumbauld, Edward. The Bill of Rights and What it Means Today Norman University Of Oklahoma Press, 1977.Steven Talos, Michael Liepner and Gregory Dickinson. savvy The Law Toronto McGraw-Hill Ryerson Ltd, 1990.Black, Charles L. The slew and the Court Judicial Review in a Democracy innovative York Macmillan, 1960. Comparison of US Bill of Rights and The Canadian Charter of Rights Essa BACKGROUND OF THE BILL OF RIGHTSThe United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A gre at number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned. The resulting Bill of Rights is appended to the American Constitution as the first ten amendments. These amendments automatically became an integral part of the original document, making them part of The Supreme Law of the Land. It was then actually entrenched, as the phrase is used in Canadian terminology. The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states rights, among other things, and the states rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battles surrounding the United States Bill of Rights have been to make it a truly national document such that states may not violate its provisions. The Fourteenth Amendment finally made this possible. A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explici tly reserved to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist.COMPARISON OF B... ...wo constitutional documents may be similar in respect to their provisions respecting rights, it would not necessarily follow that claims of violation of rights would receive the same response from the courts of both nations. A proper analysis of why this is so would require a book-length account of the constitutional and political history of Canada and the United States. It would include but would not be limited to the selection and role of judges, the role of legislatures and political leadership, the attitudes and practices of the police and administrative agencies, and, not least, popular attitudes towards rights, minorities, and government. In short, the whole of a peoples way of life.BibliographyMcKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights and Freedoms. Toronto Ontario Economic Council, 19 83Dumbauld, Edward. The Bill of Rights and What it Means Today Norman University Of Oklahoma Press, 1977.Steven Talos, Michael Liepner and Gregory Dickinson. Understanding The Law Toronto McGraw-Hill Ryerson Ltd, 1990.Black, Charles L. The People and the Court Judicial Review in a Democracy New York Macmillan, 1960.