THE RULE OF LAW AND CANADIAN POLITICS

This paper was written June 16, 2007 for my UFV Politic Science 110 (Introduction To Canadian Politics) course, taught by David MacDonald.

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Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law. [1]

INTRODUCTION

The purpose of this paper is to explain what the rule of law is and how it functions in Canadian politics. The first part of this paper will explain the definition of the rule of law, the second part will define politics, the third part will define Canadian politics, the fourth part will explain how the rule of law functions in Canadian politics.

THE RULE OF LAW

Every country has its own laws. However, in some countries, major disputes may be settled by military might. Canadians, on the other hand are governed by the rule of law. This means that every dispute will be settled by peaceful means, namely, by due process.[2]

In Canada, disputes are not settled by violent means wherein the strongest always win, nor by government officials making rules on their own. The rule of law exists because our society believes that might is not right. Resolving disputes between individuals by peaceful means is better, not only for individuals, but also for society itself. The rule of law brings order to our lives by preventing the use of violence in resolving disputes. [3]

The rule of law can also be understood as the belief that there is a universal standard of justice, equality and impartiality, against which all governments and governmental actions may be measured.[4]

Every action taken by government must be grounded in some legal authority. The reason for this principle is simple: if those in control of public power were able to treat citizens arbitrarily, that is, however they saw fit, we would be at the mercy of the powerful.[5]

POLITICS

Politics takes place in all social settings. Such settings include intimate face-to-face relationships, families, and universities. However, political sociology is mainly concerned with institutions that specialize in the exercise of power and authority. Taken together, these institutions form the state. The state comprises institutions that formulate and carry out a country’s laws and public policies.[6]

CANADIAN POLITICS

In Canadian politics it is Parliament that adopts legislation, and, formally, it is Parliament that determines whether a cabinet has the right to govern. When it adopts legislation, Parliament is in most cases merely ratifying legislative decisions that have in effect been made by the cabinet.[7]

THE RULE OF LAW AND CANADIAN POLITICS

The effective protection of the various rights of citizens depends on the principle of the rule of law. At a minimum, this principle states that citizens must be able to count on what we often call “law and order,” for without the protection of an effective legal order, the rights of everyone would be in jeopardy.[8]

But the principle of the rule of law goes far beyond simple law and order. It dictates, first of all, that the government is not itself above the law. Second, it stipulates that the law must be applied equally and impartially. Finally, every action taken by the government must be grounded in some legal authority. I. bid, 22

CONCLUSION

Government is about order, influence, administration, distribution, protection, maintenance, accountability, responsibility, and productivity. Technically speaking government is the person, group, or organization that executes the functions of governing. Without law and government, we have chaos.[9]

BIBLIOGRAPHY

Brym, Robert, J., Lie, John, and Nelson, Adie. Sociology: Brief Canadian Edition. Toronto: Thomson Nelson, 2005.

Gibson, Dwight, L., and Murphy, Terry, G. All About Law, 3rd Edition. Toronto: John Wiley & Sons, 1990.

History Central. .U.S. Civics Terms. The Civics Glossary.http://www.historycentral.com/Civics/R.html, retrieved June 16, 2007

Malcolmson, Patrick, and Myers, Richard. The Canadian Regime. Peterborough: Broadview Press, Ltd., 2005.

Munroe, Myles. Kingdom Principles. Shippensburg: Destiny Images Publishers, Inc., 2006.

Preamble, Canadian Charter of Rights and Freedoms, 1982.

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[1] Preamble, Canadian Charter of Rights and Freedoms

[2] Dwight L. Gibson, Terry G. Murphy, All About Law, 3rd Edition (Toronto: John Wiley & Sons, 1990), 5

[3] Ibid, 5

[4] http://www.historycentral.com/Civics/R.html, retrieved June 16, 2007

[5] Patrick Malcolmson, Richard Myers, The Canadian Regime (Peterborough: Broadview Press, Ltd., 2005), 22-23

[6] Robert J. Brym, John Lie, Adie Nelson, Sociology: Brief Canadian Edition (Toronto: Thomson Nelson, 2005), 246

[7] Malcolmson & Myers, 121-122

[8] Malcolmson & Myers, 22

[9] Myles Munroe, Kingdom Principles (Shippensburg: Destiny Images Publishers, Inc., 2006), 42-43