Public Policy and Political Power in Canada Essay

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Power of the Canadian Supreme Court

The Canadian Supreme Court has seen an expansion of power that increased its scope and influence over society. Over the last three decades, the political and public influence of the Court has increased dramatically. Today, the Supreme Court has the right to decide on issues regarding equality rights, thus making judgments on behaviors and policies of other entities that influence the balance of power within Canadian politics and social life.

The growth of power seen in the hands of the Canadian Supreme Court has allowed it to extend its reach into greater political realms. Essentially, the evolving notion of judicial review within the court system has come to be a powerful force in deciding elements within Canadian society, despite the fact that unlike the United States, Canada does not have a single constitutional document that would serve as the foundation for traditional judicial review (Haworth, 2014). Instead, Canada's Constitution "includes a great many statutes, orders-in-council, and judicial decisions that interpret these documents. In addition, there are informal rules, called constitutional conventions, that regulate how our political actors behave. Finally, there are some traditions and customs that may not be obligatory but are followed" (Nelson Education, 2013). The Supreme Court has witnessed increasing power of judicial review in ensuring that laws and policies adhere to these collective documents and traditions that make up the notion of the Canadian Constitution.

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Moreover, the increasing power of the Canadian Supreme Court also extends into foreign policy decisions (Library of Congress, 2015). Just last year in 2015, the Court also ruled in favor of allowing workers to unionize and use collective bargaining as a basic right, influencing labor politics in Canadian society (Bolte, 2015). Judges can involve themselves in judging political processes and foreign policy decisions in a new environment where the Canadian Supreme Court has drastically increased its influence and power.

As the Canadian Supreme Court took a more devoted stance to protecting equality, its power over public policy grew. This expansion has also occurred into the policy-oriented political realm, especially with decisions made under the Charter of Rights and Freedoms, which has "greatly enhanced the power of the courts to influence and decide important and controversial issues of public policy" (Sharpe, 2003). The charter was passed in 1982 as a way to allow Canadian courts to make judgments in order to protect human rights and equality for all Canadian citizens (Haworth, 2014). This became a single document that could stand as the foundation for ensuring….....

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