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Neighboring countries, the United States and Canada, have legal systems with many similarities, yet some stark differences. Both abide by a Constitution, which enables all of the other systems of governments. Both have specifically protected civil rights and civil liberties inherent of today's modern day democracies. However, these countries differ greatly in terms of "specific" legal structure. While the United States employs a system known as "federalism," Canada relies on the traditional "common law," which dates back to times before the founding of the country.
The Constitution of the United States was written with the principle of a strong central government and the preservation of states' rights. The founders believed that absolute power should not be reserved strictly for either bodies of government, but rather split between the two. The federal government of the United States has the power to make laws concerning domestic policies in all of the states, while the state governments have "police powers," or the ability to control...
Likewise, the court system in America is also split between these two governing bodies. Those who violate state rules are subject to state penalties, while those who violate federal laws are subject to federal penalties.
It is important to note that the federal system allows for differing rules and regulations depending upon which state one is in. For example, the penalty for speeding might be twice as harsh in one state as it is in another. Perhaps, there isn't even a penalty for speeding in a state. As long as the federal government has not addressed the issue, states have almost complete discretion over their rules and regulations, and consequently, these differ from state to state.
Canada, on the other hand, follows common law throughout all its provinces (excluding Quebec) (Canada Facts). Common law is a set of rules based in medieval England that sought to achieve order in fairness (Canada Facts). Things known as being inherently wrong…
Works Cited
Facts on Canada." Communication Canada Website. Accessed 27 July 2003. http://www.llcc.cc.il.us/gtruitt/SCJ290spring2002/Canada%20Legal%20System.html.
Private Law in Canada." Canada E-Book Website. Accessed 27 July 2003. http://142.206.72.67/04/04b/04b_004_e.htm.
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