Understanding Constitutions
Definition of a ‘constitution’, discussion of what relationship does the constitution have with other laws in society – those that are legislated, implemented, and adjudicated
A constitution is a set of rules that are the used as the supreme law in a political entity such as a country. It can be either written or unwritten. Most countries in the world today have written constitutions. The relationship between the constitution and other laws that are legislated, implemented, and adjudicated is that these laws are not relevant if they are inconsistent with the constitution. Constitutions can be either rigid or flexible. A rigid constitution does not provide easily maneuverable ways of amending it. Flexible constitutions are clear and straight forward in what needs to be done to amend laws as a way of making the law relevant as far as the realities of the life of the state are concerned. In flexible constitutions, the means of amendment are not difficult to deal with.
The underlying tenets of modern constitutionalism and how these tenets are reflected in the Canadian Constitution. The major implications of these doctrines for changing the Canadian Constitution
Modern constitutionalism is based on the principle of universal principles, the independence of the judiciary, the separation of powers, the power and freedom of the people otherwise referred to as the sovereignty of the people, and the power of the people to amend their law or the constitution. Other tenets include the right of the people to form a government of their liking or choice, the principle of limited government and the tenet of accountability of the part of the government. All these tenets are reflected in the Canadian constitution through the various provisions that appear in the constitution. For example the Constitution Act of 1982 incorporated the Freedoms Charter which gives the people their basic freedoms such the freedom to worship, own businesses, travel, be treated fairly under the law and own property. Through these provisions, the government is kept in check as far as private or individual lives are concerned. Other provisions in the Canadian constitution give a clear guideline on how the people are supposed to amend the constitution, and vote in elections to elect their leaders (Cheffins & Johnson 78).
The tenet of the power of the people to amend the constitution has a serious but important implication in amending or changing the Canadian constitution because of the rigorous processes that are required in its amendment. For example one possibility requires the assent of both the House of Commons as well as the senate while the other requires an okay from at least seven provincial points with one of the two populous areas. The two populous areas are Quebec and Ontario. This is a lengthy and difficulty process that making amending the Canadian constitution a political process that will call for not only patience but expertise in the law and dealing with people in the political process. But the most important political point is that it has a means through which the people can carry out amendments of areas that they do not like.
The other tenet of freedoms for the people has an implication in changing the Canadian constitution in that the people are fully empowered by this section that gives them freedoms and rights. Therefore anyone who may want to amend the constitution with the aim of withdrawing these rights and freedoms will meet great opposition from the people. The implication on constitutional change here is that it makes it very difficult to change the constitution. The people are willing to support reforms when the constitution does not serve them in a democratic and fair manner. But when it is protecting their inalienable rights, they cannot support anybody who may attempt to change it.
Discussion of the doctrine of limited government. Provisions in Canada’s Constitution limit the powers of government against individual citizens and whether these limitations are meaningful
The doctrine of limited government means that the government of the people for the people by the people is supposed to operate in a manner that is not intrusive into the private lives of the citizens. The aim here is to let the citizens lead their lives with little guidance from the government. The government is supposed to be concerned with the overarching issues such as security and the provision of crucial services. Therefore when the government gets deep into the lives of the people and begins to legislate on people private matters, the doctrine of private government is under attack.
In Canada’s constitution, there are provisions whose purpose is to ensure that the government does not become too big to the extent that it begins interfering with the lives of the citizens. The best example of these provisions is what is popularly known as the Freedoms Charter. This important section of the Canadian constitution was enacted in 1982 under the constitution Act of 1982.What this charter does is that it gives the citizens a number of freedoms and rights which are not supposed to be taken away from the people by anyone. Not even the government can abuse these freedoms and rights that the charter gives to the people unless there is sufficient reason that someone has been involved in an act that warrants the withdrawal of their rights and freedoms. Other provisions that support the doctrine of limited government include the legal redress that the individual has the ability to seek against the state in the event that he or she feels that his or her rights and freedoms have been interfered with.
The meaningfulness of these provisions cannot be overemphasized. It is possible that once in a while or in a number of years, credible leaders who respect the rule of law can rise to power and lead the people in the expected way. But the chances of someone with bad intentions rising to power are equally high. If such a person rises to power, it is possible that he is she is going to abuse his or her powers by interfering with the lives of the people. The best way to ensure that the rights of the people are preserved and protected is by including solid provisions in the constitution. This is what makes the provisions on limited government meaningful.
Discussion of the rights and freedoms Canadians enjoy. What protections are missing in our Constitution and how could these omissions affect you as an individual and what additional rights would make the ideal constitution
The Canadian people enjoy rights and freedoms such as the freedom of religion, the freedom of mobility and the freedom of expression. Under the freedom of religion, the citizens of Canada are given the freedom to worship in any form they want. The only requirement is that they should not injure of affect the lives of others in the process of practicing their freedom of religion. The freedom of mobility on the other hand allows the Canadian citizens to live or tour any part of the country without the fear of being harassed by the people who live in the places where the visitor has decided to tour. The other freedom that the Canadian people are guaranteed by their constitution is the freedom of expression. This right is important especially in the field of democracy whereby the country will always be criticized by individual members of the society of members of civil society organizations if it carries out some actions that do not augur well with the citizens. Some leaders may not accept the criticisms from the people and therefore he or she may move forward to silence them. But given that the constitution has allowed the people the right to express themselves without fear; it is not possible to get a leader of the government harassing the citizens for speaking out against the government of the day. Other rights and freedoms include the freedom of assembly, the right to life, liberty and security, the right to take part in voting, the right to be given a lawyer to represent you in court matters if arrested and the right to be given the services of an interpreter in court if need arises.
The Canadian constitution however has a comprehensive set of freedoms and rights to the extent that it is not easy to think of what is missing. But a keen look at the numerous provisions reveals that the people are not given the power to demand for services from the government as a right since they are the ones who pay taxes. Another right that is not in the Crater is that of saying no to unnecessary taxation. At personal level, the right to demand services from the government is supposed to mobilize the rest of the people so as to pressure the government into providing services when it does not do that. But its absence means that the individual cannot do that. The other absent freedom which is the freedom from unnecessary taxation means that the individual will have no alternative other than to pay his or her taxes even when they are unnecessary. There is a possibility that the freedom from unfair treatment is meant to be broad enough to include the freedom from unfair taxation but this leaves the door open to wrong or narrow interpretation and the subsequent abuse.
The rights and freedoms that need to be added to the Canadian constitution so as to make it better are the freedom from unnecessary taxes and the right to demand quality goods and services since the government is there to use the taxes it collects to meet the national needs of the people.
Discussion of whether the federal principle is incorporated in the Constitution Act, 1867, destined to undergo major amendment by Canadians in the future
The federal principle that is incorporated in the Constitution Act of 1867 is destined to undergo amendment in the future. When this happens, controversy will rise over some areas. These include the powers of the federal governments, the distribution of power and the number of representatives in the regional assemblies.
Political Parties, Interests and Pressure Groups
Democracy would not be possible in contemporary societies without political parties. Discussion of these institutions and how, through them, a public is able to gain access to the governing elite, hold them accountable, and influence public policies
Political parties are entities that are formed by politicians for the purpose of selling a particular political agenda such as a system of administration or government to the people with the aim of being elected to lead the area of interest (Michels 34-36). The area of interest may be the entire country or a state or a constituency. The proposals that a political party sells to the people can be termed as the ideology of the party. The special book or compilation that contains the ideology of a given political party can be described as a manifesto. The modern world has political parties that are scattered along the political spectrum from the left to the right. Most conservative parties are to the right while the liberal parties are to the left. It is largely believed that parties that tend to include socialist ideals are supposed to be on the left while the parties that have strong capitalist credentials are to the right of the political spectrum. Other parties have a mixture of the two sets of ideologies and cannot be placed at the far right or far left of the political spectrum. They are therefore placed at the center.
The citizens of countries around the world are always given the chance to join one of the many options of political parties that are available. The choice is mainly based on the party that has the best manifesto. A good manifesto is also relative because people do not want the same thing. One party may be advocating for liberal market policy while another party may be advocating for protectionist market principles. The citizen who is in favor of open markets will consider the manifesto of the party that is pushing for liberalism in markets as the best while the citizen who wants protectionism will support the party with protectionist ideas.
By offering the people all these varieties of ideas, the political parties are able to stir interest in the citizens as far as the political process is concerned and during elections, the party officials from the various parties always mobilize voters as a way of ensuring that the people have a chance of voting the leaders from their parties. At the end of the day, the parties attain the dream of having a following while democracy benefits through the massive participation of citizens in an election process. This is definitely the joy of any genuine democracy in the world.
Comparison of the roles of political parties in democratic and non-democratic states, discussion of the various functions of political parties with particular reference to how they recruit political leaders, socialize the masses, and aggregate political interests in a society
Political parties have a very important role to play in both democratic and non democratic states. In democratic states, political parties are vehicles through which the people can elect their leaders and get their agenda accomplished. They are also avenues through which the people are continually educated so as to know the latest occurrences in the political process. Political parties in democracies also act as training grounds for leaders. This is because as one tries to rise in leadership to a particular position in the region or state or country in question, it is likely that he or she will be required to make this climb though a party. Occupying a position in the party provides a unique opportunity to experience the art of decision making as well as leading other people.
Political parties also assist in forming the government in democratic societies. When the government in power is not elected, the opposition political party emerges victorious and forms the next government. The rotation continues depending on which party wins the elections. Therefore political parties in democratic societies have the function of governing after being given the powers to do so by the people through elections.
In non-democratic societies or authoritarian societies, political parties have numerous functions too. First, political parties act as mobilization vehicles though which the citizens are brought together to push for reforms. It is not easy to get people coming together to ask the government of the day to implement initiate reforms in authoritarian systems. This is especially true when there are no channels through which organized communication can take place. But in the presence of political parties, the people can be sent messages using modern means of communication such as email and phone messages so as to meet in places where they can then push their agenda for reforms.
Political parties also assist in the training of leaders in tyrannies. In most cases, the party that is in power mistreats the other parties that are always clamoring for reforms. The challenges that the leadership of these other parties have to undergo are potent training elements in what it takes to survive in tough political conditions. Some of the leaders of such parties make good leaders once they are elected and this can be attributed to the training they receive from their parties in the course of pushing for reforms.
Besides the above, political parties act as avenues of education on the principles of democracy in undemocratic states. Despite the repressive climate, a number of parties in authoritarian societies are usually dedicated to genuine reforms. In such cases, these parties are always equipped with the right information to pass on to the masses. This information is usually about the elements of a democratic society and the urgency to do away with the existing tyrannical situation. There is no other way in which the citizens can be better informed other than through political parties. Political parties also provide the present government as well as the next government in case the existing one is not given another chance by the people.
Discussion of how party systems evolve, type of system that has evolved in Canada, the United States, Germany, Spain, and Italy; the factors that have contributed to the development of multiparty systems in former communist East European states after the collapse of communism
The evolution of political parties is closely tied to the democratic condition of a country. The idea here is that democratic societies are more tolerant and they therefore tend to accommodate as many viewpoints as possible. This leads to the formation of as many political parties as possible with various ideologies. Authoritarian societies tend to be oppressive and the harassment of people with divergent views does not allow for the formation of many political parties. It is therefore not surprising to note one or two political parties in dictatorships. For example the former USSR and modern day Russia as well as China are not democratic. You can therefore not find more than one party in these countries. North Korea also falls into this category. Most countries that are intolerant when it comes to multipartism are communist leaning. The United States as the most successful democracy on earth has matured over time and two big parties have emerged as the carriers of greater percentages of the population. There are other smaller parties with small numbers of members. These small parties are unheard of to the level that someone who is not interested may think that the United States of America has only two political parties.
The Democratic Party of the United States seems to be the leading in terms of members due to its popularity with young people and minorities; who are currently the largest voting group in the United States. The Republican Party comes second with a declining membership due to its alleged lose of touch with the realities of the 21st century politics. The Democratic Party is considered a leftist party while the Republican Party is considered a rightist party.
Canada, Germany, Spain, and Italy are equally democratic societies with the ability to accommodate divergent views and therefore it is not surprising to witness more than one political party. For example in Germany, the Social Democrats and the Christian Democrats are always facing competition from small parties such as the Green Party; whose platform is the defense of the environment.
The collapse of communism has been followed by the rise of multipartism in the former east European countries. The collapse of communism itself has been a huge incentive for the rise of multipartism in that the repressive and intolerant nature of communism is no more. Therefore people who had to hide their opinions because of fear of retribution from communist elements cannot be sacred anymore since capitalism as championed by the United States trumped communism with its oppressive principles.
Discuss the differences in the functions of political parties and pressure groups. Give Canadian examples of the various types of pressure groups discussed in the text. How effective are they in Canada’s parliamentary system of government? Why are many democratic governments moving to register the groups that pressure them?
Discussion of the differences in the functions of political parties and pressure groups. Canadian examples of the various types of pressure groups discussed in the text
Political parties are used by people who are interested in leadership to mobilize support. The function of pressure groups is to push the government of the day into enacting an agenda that favors what the pressure groups think is acceptable. Pressure groups come in form of Non-Governmental Organizations of NGOs, community based organizations or CBOs, civil society organizations or CSOs and professional groups. The most potent area where pressure groups come in is legislation where they apply pressure on the government of the day so as to make it legislate on a particular agenda such as the environment.
Important pressure groups in Canada include the Canadian Tax Foundation, the Canadian Medical Association, the Business Council on National Issues, the Canadian Chamber of Commerce and the Canadian Manufacturers’ Association. These pressure groups play a role in the legislation process by applying pressure on the politicians in the senate and the House of Commons.
The reason as to why many democratic governments have moved to register pressure groups that pressure them is to avoid major confrontations with the citizens who can be mobilized by these groups in the event that they are denied legislation. Besides that, pressure groups play a vital role in arguing ideas that are beneficial to the policy makers.
In recent years, some pressure groups claiming to represent the ‘public interest’ have emerged on the issues of abortion, the environment, gun control, and capital punishment. Identification and discussion of the activities of some of these groups, their effectiveness
Some to the pressure groups include Focus on the Family, Abortion Law Reform Association, Climate Action Network, Campaign Against Climate Change and Worldwide Fund for Nature.
The Focus on the Family pressure group was established in the 1960s and has been at the forefront in the condemnation of abortion and gay marriages. It runs radio and television programs that are meant to dissuade people from supporting gay marriages and abortion. Abortion Law Reform Association is an organization whose aim is to ensure that abortion is not declared illegal. Their argument is that there are circumstances under which the woman must abort, and all that needs to be emphasized in this case is clean abortion. Climate Action Network, Campaign Against Climate Change and Worldwide Fund for Nature are all environment-base pressure groups operating from various parts of the world but mostly in the United States, Canada and the United Kingdom. There major focus is to reverse the wheels of climate change since it is causing havoc in the planet. The effectiveness of the abortion pressure groups is highly in doubt since abortion is a highly divisive issue that cannot be easily solved. The pressure groups that are focused on the climate are likely to succeed due to the evidence of adverse effects of climate change.
Elections and Electoral Systems
Exercising the vote is one of the most basic rights of political participation. Is the vote of a single individual a powerful political tool? What can be said about the percentage of voter turnout in national elections for Canada and the United States?
The vote of an individual is a powerful political tool. It is not uncommon to come across people who think that at individual level their votes mean little. It should be clear that it is the accumulation of this singular votes that millions of votes are cast at the end of a voting period. What if everyone else says that his or her one vote is insignificant? No one will appear at the pools. Voter turnout in the United States and Canada has been going down over time. In some years there are slight increases such as the 2008 presidential election in the United States when Barack Obama stirred the political landscape and encouraged many new voters to take part in the process. But in a general sense, voter turnout has been declining over time. This is due to the rise in cynicism over the ability of politicians to bring about change.
Discussion of what is an electoral system, the role of an electoral system in determining the outcome of an election, and how does the single-member district with plurality affect Canada’s party system
An electoral system is an established infrastructural framework that provides for the election of leaders. The electoral system employs the personnel, runs the elections by guiding the voters and counts the votes. Then it announces the winner by use of the counted votes. The single-member district with plurality affects Canada’s party system by giving advantage to large parties that have the mobilization ability and therefore can mobilize voters for their candidates so as to set the candidate ahead of the winner’s post before everyone else. This can lead to an imbalanced assembly in terms of political parties. Proportional representation will lead to equal voices for the political parties in the senate and the hose. Given the fairness that comes with the proportional representation system, Canada should indeed change their system.
The process unleashed when Canada calls an election. If a federal election was called today, who do you think would win and why? What about a provincial election?
In Canada, when it is an election season, the electoral commission declares the relevant positions vacant and invites applications. Then campaign days are set and the candidates hit the campaign trail. If an election was to be held today at the federal level, the current Prime Minister, S. Harper, and his conservative party would emerge victorious. This is because of his policies that have kept Canada fairly stable even in the face of the work financial crisis since the great depression. The provincial elections would also be won by the conservatives due to the working policies.
Identification and discussion of the advantages and disadvantages of the U.S. primary system as a means of nominating candidates to elective office, and whether the advantages outweigh the disadvantages?
The primary system is acts as a time for mobilizing voters and this increases turn out in the general election. It also assists in fundraising for politicians as well as making the citizens know the people who are out for election. This enables them make informed choices at the time of the general election. The disadvantage of the primary system is that it is time consuming and it creates room for baseless propaganda. The advantages are more than the disadvantages. This is due to the fact that what the country and the individual politicians benefit more than they lose because of the primaries.
Do televised debates between and among leadership candidates way election outcomes in Canada and the United States? Which group of voters is most likely to be persuaded by debates?
Televised debates among leadership candidates can sway elections and they actually sway elections in the US and Canada. The young adults as well as the middle aged are the ones who can be easily persuaded by debates. I am a voter who pays attention to debates before deciding which party to support.
Analyzing the Global System
Identification of the principal actors in the contemporary international system and discuss their roles in determining the stability and the instability of that system
Principal actors include international organizations such as the United Nations and the individual countries. Mediation of conflict by the UN stabilizes the system while cross border conflict creates instability.
How terrorism has changed the meaning of homeland security to governments and international organizations. If governments remain preoccupied looking inward with issues of Homeland Security, will the threat of terrorism rollback or speed up the advance of globalization? Can state armies be agents of terrorism?
Terrorism has made government view homeland security as an attempt to block terror groups from hurting citizens. Looking inward will let terrorism rollback globalization. State armies can be agents of terrorism if they are involved in shedding innocent t blood.
100 years from now, will nation-states still dominate international affairs? If not, what organizations will? In what way do multinational corporations challenge the power of nation states?
100 year from now, nations states will not dominate international affairs. Powerful international organizations as well as regional ones such as the European Union will dominate the world. These multinationals challenge the power of nation states by overstepping their authority and implementing international or regional law.
Unequal in size and unequal in power, Canada and the United States conduct a unique relationship in world politics. Why is it unique and how stable is it? List of three issues that will unite our interests and three that will divide our interests in the next 10 years.
The uniqueness of the relationship between the US and Canada is that despite Canada’s small size, the two countries have a respectable relationship.
Three unifying factors: Culture, Education, and Diplomacy.
Three areas of division: Immigration, Foreign policy towards other countries and trade.
Should Canada, the United States, and Mexico renegotiate the North American Free Trade Agreement (NAFTA) with the United States? List three areas that are negotiable and three that are not negotiable.
North American Free Trade Agreement (NAFTA) should be renegotiated. Negotiable areas: Import tariffs, trade volume, and expansion of product type (Bacon 19-23). Non-negotiable areas: Membership, duration, and implementation
Law in the Global System
In the absence of a world legislature, where laws would be introduced, debated and proclaimed, can it be said that international law is real law? How has globalization influenced the creation of international law?
International law is real law since the various parties agree to it. Globalization has allowed the many entities to operate under international law (Köchler 45).
Why do most states voluntarily observe international law most of the time? Why do some states violate international law? Give examples
Obeying international law is a way of supporting world peace. Some states violate international law for purposes of self defense or selfish interests.
Discussion of how the International Criminal Tribunals have influenced the development of international law. Description of the role of the International Law Commission on the codification of international law
The International Criminal Tribunals have influenced the development of international by acting as a source of international law. The International Law Commission checks proposed international law before it is codified.
What is the role of the United Nations in the creation of world law? How do regional international organizations like the OAS promote principles of international law and order?
The UN acts as the umbrella advocate for world order. Regional bodies like OAS promote international law by obeying its regulations.
Foreign Policy and Diplomacy in International Affairs
Discussion of the evolution of diplomacy as a privileged profession with unique exemptions and immunities. It has been argued that modern communications make the contemporary job of a diplomat obsolete
Diplomacy has developed over time to become a meaningful international job. The fact that the diplomats do not carry out personal business is the major motivation for the immunity. Even with all the communication, human presence is important and therefore diplomats are still important.
Comment on what is Canada’s most important foreign policy and why you think it is significant. Identify an interest group that you regard as exerting a powerful influence on Canadian foreign policy and why you think it is so influential
The wars in Afghanistan and Iraq are the most important foreign policy elements for Canada because they have the potential of disrupting its operations if they are not handled well.
The Canadian Manufactures Association is influential as an interest group because of its trade interests.
Discussion of the four major contemporary influences on diplomacy. Will multilateral diplomacy eventually displace bilateral diplomacy? Evaluation of the opportunities and pitfalls of summit diplomacy
Interstate relations, modern conflict, non-state actors, and bilateralism are the major contemporary influences on diplomacy. Multilateral diplomacy will eventually replace bilateral diplomacy due to the increasing network among more than two nations.
Identification and discussion of three threats to Canada’s security. Identification of three foreign-policy goals that should be pursued by Canadian diplomats and leaders
Three threats to Canada’s security include terrorists, drug traffickers, and poverty. Foreign policy goals for Canadian diplomats and leaders include international trade, financial regulation and peace.
Global Challenges in the 21st Century
Has the US war in Iraq since 2003 made the world more dangerous or more stable? Has Canada’s military presence in Afghanistan contributed to international peace?
The Iraq war has made the world more dangerous. Canada’s military has contributed to world peace by trying to deal with the Taliban and Canada can give aid to poor countries where the poor are easily recruited to terror gangs.
Discussion of the hypothesis that the best way for nation-states to preserve peace is to prepare for war. Does global interdependence promote peace? What kinds of foreign-policy strategies and tactics would you recommend to meet the challenge of peace? Why is peace such an ideologically charged concept?
Preparing for war as a way of looking for peace leads to preparedness in case of an attack. Interdependence promotes peace and global peace can be achieved through poverty eradication and education to all.
The frequency of international acts of violence has diminished in the twentieth century. Discussion of the apparent irony of this fact against the possibility of nuclear annihilation. Do you think the risk of annihilation posed by nuclear weapons has caused a reduction in the frequency of war since the end of the Second World War? Discuss whether negotiated arms-control agreements can achieve the goal of arms reduction and possible disarmament
The irony is that there is reduced frequency of conflict with the presence of more dangerous weapons. The nuclear weapons have reduced the frequency of conflict and total disarmament is no possible.
Does the world have a population problem? How do you think the population problem can be tackled without violating fundamental human rights?
The world does not have a population problem. All that needs to be done is to distribute the available resources fairly.
What are the major causes of environmental degradation? Explain why no one state can solve the ecology mess we are just discovering
Pollution from factories is the major source of environmental degradation. No one state can solve the mess because it is from many states and it is widespread.
Can we say that a “sustainable environment” is a human right? Why or why not? Can we have a major positive impact on the ecology at the municipal level? How? Should be declared pollution to be an act of terricide (murder of the Earth) and consider it a crime against humanity?
Sustainable environment should be a human right since every human being is entitled to the same. At the municipal level it is difficult to have a major positive impact due to the size. Pollution should be declared terricide and considered a crime against humanity.
References
Bacon, David. The Children of NAFTA: Labor wars on the U.S./Mexico Border. Berkeley: University of California Press, 2004.Print.
Cheffins, Ronald & Johnson, Patricia. Revised Canadian Constitution: Politics As Law. New York: Mcgraw-Hill Ryerson Ltd, 1986.Print.
Köchler, Hans. Democracy and the International Rule of Law. New York: Springer, 1995.Print.
Michels,Robert.Political Parties.New York: Free Press,1966.Print.