scholarly journals Une contribution positive à la protection des droits individuels : l'institution de l'ombudsman au Canada

2005 ◽  
Vol 20 (3) ◽  
pp. 525-538
Author(s):  
André Tremblay
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Judicial System ◽  
The Political ◽  
The Government ◽  
Government Of Canada

Canada and Quebec have been actively involved in the trend which has resulted in the existence, within the political system, of a new institution : the Ombudsman. While the Government of Canada hesitated for some time before establishing the institution for federal purposes, the Quebec Public Protector has existed for somewhat more than 10 years, and the new institution has been recognized a proper remedy to the weaknesses of the judicial system. This article enumerates some of the weaknesses of judicial review and attempts to demonstrate that citizens are better protected by the Ombudsman because of the simplicity of the available remedies and the efficiency of settlement procedures. The new institution could not be introduced next to the judicial system without creating some problems. This article considers the respective domains which fall within the jurisdiction of the courts and of Ombudsmen, and the conflicts which could arise. Finally, the operation of the courts and of the Ombudsman will be considered, as well as the advantages and deficiencies of both institutions.

From Parliament to Courtroom

2015 ◽  
Vol 30 (1) ◽  
pp. 120-146 ◽  
Author(s):  
Lubomír Kopeček ◽  
Jan Petrov
Keyword(s):  
Transitional Justice ◽  
Judicial Review ◽  
Political System ◽  
Point Of View ◽  
The Political ◽  
Legislative Process ◽  
Constitutional Court ◽  
Lower House ◽  
Strong Position ◽  
The Government

The Czech Constitutional Court has gained a strong position within the political system. This article examines the judicial review of legislation from the point of view of the relation between the court and the parliament. The authors analyze trends in the use of petitions proposing the annulment of statutes, who makes use of the petitions, how successful the petitioners are, and what issues the petitions concern. The article pairs a quantitative view with a qualitative analysis of key selected decisions by the court, especially in the sphere of mega-politics. The authors test whether judicial review of legislation serves as a tool for parliamentary opposition. The results show the decisive effects of a legislative majority in the lower house of the parliament. If the government lacks a majority, the use of judicial review of legislation as an oppositional tool fades. Also important is the weakness of the upper house, which makes senators more likely to resort to using judicial review of legislation. An especially crucial factor is the presence of independent and semi-independent senators who, without broader political backing, see judicial review of legislation as a welcome tool. The most frequent topics of the petitions were transitional justice, social policy, and the legislative process.

scholarly journals JUDICIAL ACTIVISM – AN ASSET TO JUDICIARY BY INDIAN CONSTITUTION

2018 ◽  
pp. 31-36
Author(s):  
S S Hasani
Keyword(s):  
Judicial Review ◽  
Political System ◽  
The State ◽  
The Political ◽  
Primitive Function ◽  
The People ◽  
The Government ◽  
Changing Times ◽  
Or Organization

Constitution means the structure of a body, organism or organization i.e. what constitutes it or of what it consists of. Constitution of a country spells out the basic fundamental principles or established precedents on which the state is organized. It lays down the structure of the political system under which its people are to be governed. It establishes the main organs of the State-the legislature, the executive and the judiciary, demarcates their responsibilities and regulates their relationships with each other and with the people. All authority in the hands of any organs, institutions or functionaries of the state flow from the Constitution. In a country like ours, adopting a written Constitution which mandates Judicial Review of the constitutionality of State activity in cases needing it and the laws enacted by legislature, the role of Judiciary cannot be restricted to the primitive function of dispensing justice. The role of judiciary in enforcing judicial review, must for all purposes keep the Government in good tune with the changing times and it should not be allowed to drift to become anachronistic or out of reasoning with the need of the day.

Referendum konstytucyjne we Włoszech. Jak głosowanie ludowe wpływa na system polityczny państwa?

2017 ◽  
pp. 110-127 ◽  
Author(s):  
Elżbieta Kużelewska
Keyword(s):  
Political System ◽  
Public Support ◽  
The Political ◽  
The Government ◽  
The Impact

This article analyses the impact of constitutional referendums on the political system in Italy. There were three constitutional referendums conducted in 2001, 2006 and 2016. All of them have been organised by the ruling parties, however, only the first one was successful. In the subsequent referendums, the proposals for amending the constitution have been rejected by voters. The article finds that lack of public support for the government resulted in voting „no” in the referendum.

the presidential and the semi-presidential system

2021 ◽  
Author(s):  
Peshraw Mohammed Ameen
Keyword(s):  
Political System ◽  
The United States ◽  
Realistic Model ◽  
The Political ◽  
Kurdistan Region ◽  
Political Responsibility ◽  
Parliamentary System ◽  
Head Of State ◽  
Presidential System ◽  
The Government

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.

scholarly journals The anniversary of the military coup attempt in Turkey, July 15–16, 2016. The evolution of a political system

2017 ◽  
pp. 63-68
Author(s):  
Y. S. Kudryashova
Keyword(s):  
Political System ◽  
Armed Forces ◽  
Authoritarian Regime ◽  
Military Coup ◽  
The Political ◽  
The Government ◽  
The Military ◽  
Ruling Party ◽  
Coup Attempt

During the government of AK Party army leaders underprivileged to act as an exclusive guarantor preserving a secular regime in the country. The political balance between Secular and Islamite elites was essentially removed after Erdogan was elected Turkish President. Consistently toughening authoritarian regime of a ruling party deeply accounts for a military coup attempt and earlier periodically occurred disturbance especially among the young. The methods of a coup showed the profundity of a split and the lack of cohesion in Turkish armed forces. Erdogan made the best use of a coup attempt’s opportunities to concentrate all power in his hands and to consolidate a present regime. The mass support of the population during a coup attempt ensured opportunities for a fundamental reorganization of a political system. Revamped Constitution at most increases political powers of the President.

scholarly journals The War Against Public Forgetfulness:Commemorating 1812 in Canada

2014 ◽  
Author(s):  
Michael Eamon
Keyword(s):  
War Of 1812 ◽  
The Political ◽  
Critical Perspective ◽  
Departure Point ◽  
The Public ◽  
The Government ◽  
Government Of Canada ◽  
Selection Of ◽  
Political Battle

In October 2011, the Government of Canada began a two-year, nation-wide celebration of the bicentenary of the War of 1812. The widely-criticized initiative returned the public eye to a traditional ‘interpretive tableau’ of war heroes, namely Isaac Brock, Tecumseh, Charles de Salaberry and Laura Secord. While the scope and expense of the federal government’s efforts have been unprecedented, the political battle to maintain certain memories of the War is one that is not new. A struggle against the forgetfulness of Canadians, and particularly young Canadians, has animated commemorations of the War for almost two centuries. Looking at a selection of past commemorative efforts this essay explores how the inertia of a traditional tableau of heroes has tended to overshadow other narratives and newer interpretations. Yet all is not lost. Using the example of the author’s exhibition, Faces of 1812, it is suggested that publicly-constructed histories can be employed as a useful departure point for the public historian and provide a foundation from which the public can obtain a broader, more critical perspective on both the commemorated events and history writ large.

The Making of the 1976 Canada Cup: Power Plays, Hockey Diplomacy, and the Rise of Alan Eagleson

2020 ◽  
pp. 1-29
Author(s):  
Jay Scherer
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
Ice Hockey ◽  
National Hockey League ◽  
The Political ◽  
The North ◽  
The Soviet Union ◽  
The Government ◽  
Government Of Canada ◽  
The Cold War

In 1976, amidst a period of détente in the Cold War, the Government of Canada officially hosted an inaugural open-play invitational ice hockey tournament. A detailed narration of these events, pieced together from archival sources, allows scholars to understand the negotiations to prepare the political terrain for the event, including efforts to secure the official endorsement of the International Ice Hockey Federation for a tournament sponsored by the Government of Canada in exchange for Canada’s return to international competition in 1977; the participation of various countries and their respective hockey governing bodies, especially the Soviet Union, in an international tournament featuring professional players; and an agreement with the North American professional hockey cartels, especially the National Hockey League, to allow star players to participate in the event. The success of the 1976 Canada Cup accelerated the commodification and commercialization of hockey both in North America and globally—a process that was increasingly driven by the interests and aspirations of the National Hockey League. At the center of this history is one increasingly powerful—and avaricious—character: Alan Eagleson.

The Concentrated and Hybrid Models of Judicial Review

2021 ◽  
pp. 27-38
Author(s):  
Steven Gow Calabresi
Keyword(s):  
Complex System ◽  
Latin America ◽  
Hybrid Model ◽  
Judicial Review ◽  
Civil Law ◽  
Hybrid Models ◽  
Judicial System ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
The Government

This chapter examines the two models of judicial review that exist in the civil law countries: the Concentrated Model and the Hybrid Model. The Concentrated Model of judicial review is built around the idea that what judges do when they enforce constitutions and Bills of Rights is inherently political and nonjudicial. For this reason, a separate Constitutional Court is created outside the ordinary judicial system, and is the only entity with the power of judicial review. The power of judicial review of Constitutional Courts is conceived as being a power to make the law and not simply to interpret it. Hence, a Constitutional Court in a civil law country is, essentially, a fourth branch of the government. Meanwhile, many countries, especially in Latin America, have developed distinct Hybrid Models of judicial review. The country of Brazil can be considered as the archetypal Hybrid Model. Brazil’s Hybrid Model of judicial review consists of a very complex system full of institutional mechanisms that are meant to enforce the Constitution. The Brazilian system combines features from both the Concentrated and the Diffuse Models hence the term Hybrid Model.

Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

scholarly journals Alberta's Resources Negotiations and Bannf and Jasper National Parks

2008 ◽  
Vol 11 ◽  
Author(s):  
Christopher Gainor
Keyword(s):  
National Parks ◽  
Wildlife Management ◽  
Water Rights ◽  
Resource Development ◽  
Resource Extraction ◽  
The Political ◽  
Political Background ◽  
The Government ◽  
Government Of Canada ◽  
Crown Lands

The Government of Canada retained control of Crown lands and mineral and water rights in Alberta, Saskatchewan and Manitoba until 1930 when they were transferred to the three provincial governments as a result of agreements reached in 1929. In the case of Alberta, the agreement also settled the boundaries for Banff and Jasper national parks. The national parks discussions helped establish the principle that resource extraction would not take place in national parks anywhere in Canada. This paper examines the political background to the discussions over national parks and the process for setting the boundaries of these parks, with an emphasis on a report on park boundaries that addressed resource development and wildlife management in and near the parks, issues that parks administrators continue to face today.

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