Combarison between US Bill of Rights and Charter of Rights and Freedoms
The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned. The resulting Bill of Rights is appended to the American Constitution as the first ten amendments. These amendments automatically became an integral part of the original document, making them part of 'The Supreme Law of the Land.' It was then actually 'entrenched,' as the phrase is used in Canadian terminology. The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states' rights, among oth
McKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights Third is section 24 (2) where the Canadian framers deal with the exclusionary rule, a frequently invoked American judicial rule penalizing illegal law enforcement practices. This rule was applied after 1914 to federal criminal proceeding and since 1961 to state proceedings. There is a substantial body of opinion to the effect that the rule is not required by the United States Constitution and is simply a judicially created remedy that could be changed by legislation or court decisions. The Canadian provision is a compromise between the common law rule and the exclusionary rule.
Some common words found in the essay are:
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Approximate Word count = 1443
Approximate Pages = 6 (250 words per page double spaced)
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