|
论文题目：加拿大essay：Has Canadian society become much more like American society as result of the charter of rights and freedom?
论文语种：英文
您的研究方向：政治
是否有数据处理要求：否
您的国家：加拿大
您的学校背景：
要求字数：800
论文用途：本科课程论文
是否需要盲审（博士或硕士生有这个需要）：否
补充要求和说明：
加拿大essay：Has Canadian society become much more like American society as result of the charter of rights and freedom?
1.Introduction
The Canadian Charter of Rights and Freedoms is an important part of Constitution Act of 1982. It provides various civil rights which the government protects but rights are not absolutized. On the one hand, personal rights of citizen are very concerned; on the other hand, group rights of minority are taken into serious consideration. The charter is applied to improve the status of judicial organ, help carry out the policy of multi-culture, protect the rights od minority and have an important effect on constitutional system. The Charter reflects spirit of rule of law fully and help to prevent the government officials from abusing power to violate the civil rights. It has an important historical meaning in Canadian constitutional system.
加拿大权利和自由宪章是1982的重要组成部分，行为。它提供了各种民事权利的政府保护但权利不是绝对化。一方面，公民的个人权利是非常关注；另一方面，少数民族权利是认真考虑。本章程适用于提高司法机关的地位，帮助实施多元文化政策，保护少数民族权利的OD对宪政制度的重要作用。合同反映了法治充分和有助于防止政府官员滥用权力侵犯公民权利的精神。它已经在加拿大宪法制度的一个重要的历史意义。
2. Impact on the revision and perfection of criminal law
During the 30 years since the Charter of 1982 promulgated, most cases involved in the rights of charter have been related to the criminal law.
In criminal law, the court sets rules to national agents directly. For example, when deal with the charge of defendant, the defendant will be free if the police got evidences under such circumstances that police violated the rights of charter. Therefore, by affecting the hearing case, the verdict of Supreme Judicial Court can be executed in criminal law than that in others and can deny governmental articles of law directly. In a word, the court need three kinds od audits to protect the civil rights. First, examine and verify the justice of laws that are authorized to the government officials. Second, examine and verify the rationality of the compulsive behaviors of officials. Last, examine and verify appropriateness of the procedures of enforcing the laws. According to the three ways, the Supreme Judicial Court requires that sufficient reason should be provided when depriving the civil rights in order not to lead to wrongful harm. So the Congress will be more careful and responsible to make laws and perfect related laws constantly.
3. Impact on the promotion of multicultural policy under two official languages
In 1971, the federal government determined the multicultural policy: admit all the citizens are the equal participants of Canadian society; the federalism guarantees different races for its own cultural tradition in unitive social structure and normal relationship and communication among different nations. The policy confirms the cultural situation of multi-population and creates a new Canadian culture by strengthening the friendly relationship among races so as to form a sense of belonging and responsibility in common for the while country, which surpasses the consciousness of any nation.
The promotion of the Charter to carry out the multicultural policy under two official languages performs highlighted: first, language and educational rights for minority ethnic groups; second, problems of religionary freedom when closed on Sunday. But some troubles happened when the policy was carried out even if the verdict of court was executed to examine the destination of laws instead of considering the actual effect. Therefore, many Canadian scholars pointed out that between the traditional pursuit for commonplace principles of equality and the policy of acknowledging the uniqueness of minority ethnic groups since 30 years, a rational balance can help guarantee that everyone can live peacefully and easily in society.
4. Impact on admitting and protection to the rights of homosexuals
Like many western countries, after Second World War homosexuals appeared in Canada but their rights were not admitted in a long run. Upon the issue of homosexuals, the judges paly an important role in the decisions and promote the development of related public policy. The clause of equality in the Charter did not involve in homosexuals however judges covered them by the mean of deduction. In fact, the Article 15th was open when the Federal parliamentary committee discussed the Charter during 1980 to 1981. When being questioned whether the range of the Article included homosexuals or not, the Minister of Justice letted the court make decisions for the maker of the Charter wanted the court to include the similar scope. In 2005, the Federal government of Liberal Party promulgated the law to legalize the same-sex marriage. At the same time, the verdict of the court provided the base of the legal relations for homosexuals.
5. Impact on the constitutional system
As for the verdict of court to the case about civil rights, the Congress need to do some adjustment for related laws. Therefore, in civil rights of the Charter, judicial department has participated in the lawmaking indirectly, which means the Charter has had an important influence on the Canadian political institution. For an early example, in 1982 Ontario Image Appreciation Association sued the film censorship of the province for its violation of the Charter. However, the Ontario Court thought that although it was rational to limit the freedom of expression, the standard of using need laws to describe at least. And the verdict got the support of the court. Soon afterward, the Ontario Congress promulgated related laws.
The Canadian Charter of Rights and Freedoms in 1982 has had an lasting effect on the Canadian society. Canadians will benefit from the great Charter.
|
