Legislative Process, Administration of Government, and Law and the Court

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Introduction

Modern democracy provides competent government structures which are satisfying the needs of their electorate or the people. Presidential and parliamentary methods are existing forms in democracy. One can see the different types of legislative process, administration of government, and judicial systems in democracy. Canada and USA are federal nations with several states or provinces but the governmental system is different; Canada follows parliamentary democracy at the same time there is the presidential system in USA. Both federal legislature of Canada and USA are bicameral and the names of the two houses are same with different nature. Bureaucracy is considered as the vital part of the modern democracy; its character is not democratic. But it is an assisting attribute to implementing any of the policies of the political executive. Legal system provides an order to find out the people that what the right is or not. Rule adjudication structure also plays significant role because it protects the rights and liberties of the public. Thesis statement: An attempt to unearth the scope of three structures of democratic governments in USA and Canada (special reference to: Legislative Process, Administration of Government, and Law and the Court).

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Legislative Process

  1. Democratic system of government needs different organs to meet wide range of powers. From the time of Aristotle political thinkers suggested various forms to democratic institutions for the better conditions of the people. Legislature or parliament was originated in England in twelfth century A D and it successfully continues today. The bicameral parliamentary system of England is imitated by important contemporary democratic countries. Modern democratic system is accepting a legislature and it is an essential part of the rule making and administration. Democratic successfully follows two different types of governments; these are parliamentary method and presidential. In a presidential system of government the executive powers are separated from the legislature. President is the head of the executive in presidential form of government. In parliamentary form of government head of the nation is only nominal and he has no more real powers. Functions of legislature in different nations are not same because of the difference in the form of government. Popular form of government is democracy but one can see other types of governments in some of the nations. Totalitarianism and authoritarianism are forms of government there are limited democratic institutions without the control of people. The word authoritarian remarks a country with only a ruler that means power of the nation is in the hands of an individual or within the hands of a committee. Freedom and rights are limited in that type of a regime and all aspects of the society are regulated as the will of the ruler. An ordinary citizen has no significance in an authoritarian system of government so it is an anti-democratic form of administration. So in a totalitarian and an authoritarian system legislature is only a body to recognize the decisions of the ruler or dictator. Members of the parliament may be the nominees of that person.
  2. Representative democracy is existed in almost all democratic countries; it is more desirable or suitable to the modern circumstances. Historian’s points out that direct democracy was existed in some of the ancient Greek city states. But in ancient time number of people was limited and the fact that Greek city states were small in size. Today modern states have increase population and these have vast territories so direct or pure democracy is not practical. However, majority of the modern democratic countries today accept the possibility of the pure democracy. Direct participation of the people into the democratic process is helpful to the decentralization of powers in the hands of people also. So many democratic countries are using the elements of direct democracy within their external representative system of government. Electoral system is necessary for a modern democratic nation at the same time this system of election is useful to understand the opinion of the people in all democratic processes. Initiative, referendum, recall, and plebiscite are some of the devices of pure democracy that may be accepted to an indirect or representative democracy. People of the Canada generally desire to include the elements of direct democracy in their constitution. Often they put forward the demand that government should consider the devices like referendum, initiative, and recall to the maximum participation of the people in the democratic process. These devices are helpful to develop the conditions of the Canadian society and polity. Canadian people now consider that direct democracy is the right of the citizens to reject or recognize any of the rules and regulations made by the legislature or by the executive. Public opinion plays imperative role to prepare the public policy of the government. The system of periodic elections should not avoid so government gives attention to follow the public opinion this fact is affected in Canada also. Political thinkers expect favorable consequences from the part of the people and the political leaders concerned with the matter of direct democracy because it surely empower the Canadian democracy.
  3. Parliament of Canada is a bi-cameral legislature so it has two chambers or houses. Higher chamber of this parliament is known as senate and lower is the House of Commons. Here one can see the similarities of the names of both houses of the Canada and USA. But in Canada Senate is different from United States; there members of the upper house are elected by the people. At the same time Canadian Senate followed the method of the British parliament. One can criticize conservative character in the Canadian Parliament like the case of British House of Lords. Powers of the Canadian parliament is limited by the constitution of the country. Legislative powers are divided into federal and provincial legislatures because of the federal character of the country. In certain matters the powers of the federal and provincial legislatures are not clear, there are conflicts between them. However, houses of the Canadian parliament appoint committees on various matters. These committees study the problems and submit report before the parliament. Standing Senate Committee concerned with the social affairs is the authority which recommended many of the suggestions to the social and economic welfare of the disabled people. The suggested remedial measures included several areas with solve poverty, homelessness, social infrastructure, social cohesion, crime, transportation, immigrant settlement, crime, and role of largest cities in economic development of the nation. Moreover, this committee recommended services for disabled and senior citizens.
  4. Sometimes Canadian parliament is criticized on the name of unrepresentative character. The bi-cameral federal legislature of Canada consists of a senate; the upper chamber and house of commons as the lower house. Moreover monarch is the part of the federal legislature of the country. British king or queen is the nominal head of the Canada and the federal parliament. Governor General is responsible to appointment of the Senate members on the advice of the prime minister. Presence of this external interference is one of the reasons of the disapproval against representative character of the Canadian parliament. Another reason is that from the time of appointment senate members can continue up to the age of seventy five. It is criticized as the anti democratic and unrepresentative system. But any one can see there is a different aspect that is senate members are the representatives of the regions of the nation. There are four major regions in, all the regions known as the provinces. Canada. Each region has twenty four seats so the senate members are the national representatives of the country. In 1978 prime minister of Canada put forwarded a proposal to change the nature of Senate as the House of the Federation. Present upper house of the Canadian federal legislature is lacking direct representative character so the senate reform aimed to reform this short coming. Canada has a long history of Senate reforms that was started from 1874 in the ninetieth century. The proposal was aimed to select Senate members by the regions but it rejected. Senate reform proposals aim to the better national integration; this concept is significant in Canada because of the existence of strong regional feelings of the country. In this situation Senate reform may be an advantage of the implementation of public policy in Canada.
  5. Constitution of the USA accepted a clear division of powers; it follows the theory of Separation of powers introduced by French political thinker Montesquieu. So there are independent powers and functions in the hands of legislature, executive, and judiciary. The separation of the powers in United States based on the concept of Checks and Balances. US constitution provides legislative powers of the country to the American Congress and it has the power of constitutional amendment. President is the executive head or the apex court that is Supreme Court has generally no powers to interfere in the legislative process. Constitution provides wide range of powers to the head of the executive or the president of United States. President has the power of veto to check a particular bill passed by the American Congress. Though, federal legislature enjoys enough powers to fulfill its mandate. To maintain the changing needs and complex legislative process, two chambers of the American Congress divide the work into the hands of various committees. These committees have many powers to study and submit report related with the Bills. House of Representative that is the lower house of the US congress known as the people’s body. The members of House of representative are elected from the electorates called as districts. House of Representative is powerful chamber than Senate because the constitution provides more functions to the lower house. Senate really, the representing body of the federal states of the USA. So the representing body of the people, House of Representative is prestigious chamber than Upper house. Conflict between Federal legislature and President is not a regular phenomenon. Some times problems originated among the Congress and President, but it is a natural process as the concept Checks and Balances. President dominated the United Nations political system when the Congress members lacked political support. Today American Congress represents all sections of Americans like immigrants, the homeless, Hispanics, Native Americans. Refugees from neighboring country Cuba are a large section in some of the states of United States of America and often they became the members in House of Representatives. These members are performing in their local areas to solve the problems of their groups. One can find the members of the American Congress from the groups like American Indian and other many sections. Thus in the contemporary time Congress is functioning as the real legislative body of the people.

The Administration of Government

  1. Continuous and comprehensive researches and studies of historians and research professionals have endowed with considerable definition about the term bureaucracy. It is also considered as a unified organizational structure or rules and regulations which help to manage activities and procedures of an institution. The term bureaucracy has been common and established term in the fields of business and government. One can see that bureaucracy includes organizational principles in which the workers of a company or an organization is classified and divide according to the ability knowledge and work experience. Bureaucracy has its own ancient tradition and it was an established term in history. The web article entitled Meaning of Bureaucracy remarks that; the word bureaucracy is originated from a Latin term ‘bureau’ that means writing table or desk. It indicates that bureaucracy is the helping officials under the political executive. The end o0f the 18th century the term bureaucracy had widely accepted as a place where officials work. In 19th century the term bureaucracy has received the status of power which practiced by officials in public administration and also referred to the power that the government departments maintain to themselves in various activities. Max Weber, great German sociologist and philosopher had given definitions to the concept bureaucracy and attributed various characteristics. Weber remarks that specification of duties with detailed rights; responsibility and the scope of authority are the essential features of bureaucracy. Analyzing various organizations one can find then fact that supervision and subordination is essential for an organization. Weber states that this is the second and significant nature of the system bureaucracy. Concord in command is the next characteristic features of bureaucracy in Weber’s ideology. The use of structured documents and official records ensure reliability and stability and Weber used this as the fourth one. Workers and professionals in a bureaucracy should have certain abilities. Weber comments that specialized skills and training are essential qualities for a bureaucrat. Implementation of fixed rules or organizational manual is another feature of a bureaucracy. Weber concludes that highrarchical order of the civil service based on competence and experience is visible in the procedures of an organization which follow the principles of bureaucracy. The method of hierarchy separates the permanent executive into stratification of the officials, from apex level to bottom. There is the system of supervision by the upper section over lower division officials. Principles of bureaucracy are still relevant because of its stability and permanency. Comparing with political executive bureaucracy is a permanent executive and its hierarchical structure ensures stability and competences. Policy making and its application is a complex process bureaucracy plays an important role in the applications of policies. Legislature is changing political system in most of the nations in modern age and the fixed system of executive is essential for the nation and serves the public from the adversities of political changes. In modern age bureaucracy acts as a link between the Law making Structure and the public. A present we cannot ensure the smooth functioning of various activities of government without the service of bureaucrats. Policy making and application in a nation require the inevitable support of bureaucracy and it is impossible to survive in administrative and service problems without the active participation of bureaucracy.
  2. Constitutional organizations and government departments often require expert knowledge and experience in the process of making effective public policy for public. Analyzing Weber’s definitions on bureaucracy one can comprehend that training and work experience are needed for a bureaucrat. Policies for common folk often require deep study and understanding of the issue. A professional administrator who worked in the field of public policy making should mingle with the public and the awareness about fundamental problems and demands help him her to design fruitful policies. A sound public policy should analyze the basic needs of the people such as food, shelter, medicine. Appropriate consideration is need for the rights of the citizen and the policy should ensure equality and reliability. The public never concerned about the work of an unelected government employee in the process of formulating public policies. Expert knowledge and work experience play a vital role in the service of a bureaucrat. Weber defines a bureaucrat s a person with continuous training and skills. One can see that political executive is a temporary one and the elected candidates of a political executive have a limited time to serve the people. Hierarchical status permits a government employee who serves the people under the circumstances of bureaucracy. Organizational ability and authoritative nature constitute the smooth functioning of various departments. Unelected government employees worked based on fixed salaries and other legal compensations. Therefore one can easily find the fact that a structured pattern or a sincere approach can visible in the workings of an unelected government employee. Considering the work principles of both elected politicians and an unelected government employee reader can unearth the fact that elected politicians are not the final word for making policies that govern the public. It is hard to admit one that only politicians have the practical skill to formulate public policies. The process of supervision and subordination help an employee to maintain obligation, sincerity, responsibility and the scope of authority. An unelected government employee can prevail over the limitations of public relations through his work experience and effective supervision and subordination. Politicians often subjected to the pressures of various cultural, social, and communal groups. The journal article Limits of Policy-Making permits the reader to think about the limitations of politicians in policy making as well the advantages of an unelected government employee in policy making. In short, the responsibility of the bureaucracy and the limitations of the political executive are complimentary because this limitation of the political leadership is overcoming through the accountability and responsibilities of the civil servants.
  3. An organizational structure of both public and private institutions design and execute policies in terms of the rules and regulations of individual and collective conduct. Protection, assistance, co-operation, discussion, obligation, punctuality and services are the key points of public service. Assistance permits right negotiation between the superiors and subordinates. As per the principles Weber about bureaucracy one can see the needs of supervision and subordination in public service. Dr. S. Ramnarayan and Kiran Kumar made a joint venture in this topic and they help the reader through the following comments. In a social or political system a particular institution make its own way of planning. That belongs to different process like organizing, settling problems, innovations, and encouraging. Moreover, effective implementation is the significant thing that plays prominent role in a organization. Service sector requires protection and assistance between the employees of an organization. The process of assisting is not mere obeying; it means a kind of positive support and encouragement. Sharing of ideas and suggestions strengthen the different layers of bureaucracy. In my own experience assisting the superior officer became a fruitful opportunity to develop personal skill of management. Cooperation is another important form of conduct which promotes success in my work field. Obligation and responsibility towards other employees helped me how to organize policies. Discussion is an essential factor in my service profession and this helps to understand the problems and needs of the public.
  4. Analyzing the structure and process of policy making of government in Canada one can find the fact those government bureaucracies often formed their own political constituencies. In Canada one can see different layers of administration. Federal government is the center which is responsible for area of jurisdiction. Under the Federal or central government provincial, territorial and local governments practice policy making for the nation. In spite of political representation each and every provincial government in Canada have their own jurisdiction in policy making and implementation. One can see other sections like territorial and local governments in Canada follow the same structure. Political constituencies made by the bureaucracies are different from the system made by politicians. It is not electoral constituencies but their influential sphere only. Bureaucrats protect their interests through their own service organizations and other institutions. Even though their profession is often under the control of legislature, they have their own rights and responsibilities. For instance in the United States the Law making Structure control the activities of bureaucrats. Constitution ensures voting right for bureaucrats and the freedom for joining and working social, cultural pressure groups. Fred Thompson, Mark T. Green state that; their presence in the government and process introduced from the legislature guarantees their influence on decision making of permanent executive. Bureaucrats protect their interests within the boundaries of legislature and their actions never hinder the process of policy making in public service. The sponsorship scandal, which came to light in 2004, explores the inability of the internal auditors at public and government services in Canada. It paved the way for immediate changes in the fields of politics and the accountability of the federal bureaucracy of Canada. After the issue of Sponsorship Scandal public servants including bureaucrats of various departments were subjected to strict legal restrictions. The influence of pressure groups and personal interests underlines the weakening of Bureaucracy in Canada. The online article entitled for the want of a nail: the role of internal audit in the Sponsorship scandal comments that; important remedial measures to one of the main organizational obstructions to checking could be finished by modifying the Access to Information Act to change every operational papers and, ideally, news, of internal audit from the attain of the law. Implementation of Information Act endow with considerable changes in the field of bureaucracy in Canada.
  5. Formal and informal controlling ensures the smooth functioning of service sector in an administrative system. Most of the nations in the world received the helps of Office of the ombudsman, the formal agency that control and regulates the activities of various departments. Political control is regarding as the informal way of controlling bureaucracy. Even though bureaucracy works under the control of legislature, one can see that the profession o f a civil servant or a bureaucrat would meet various pressures in his or her profession. The issue Sponsorship Scandal 2004, in Canada underlines the needs of controlling bureaucracy. The possibility of various pressures such as, social, communal, cultural and political may affect the process of policy making and its application. This section is considered as the wider section in the constitution. Frequent evaluation and assistance is essential for the smooth functioning. In Canada one can find the service of office of ombudsman control and regulate the dealings of all the departments of federal government. The office of the ombudsman in Canada assists and regulates the activities of various services. The profession of a civil servant is considered as the most appropriate one in the era of globalization and technological developments. Many times in my life I wished to become an efficient civil servant. The profession of a civil servant provides the opportunities of public serving and one can develop his personal qualities of management and organizational skill. The main attractions of such professions are service, co-operation, assistance and group working. Social reputation and professional status are also promoting positive support for a civil servant.

Law and the Court

  1. Modern rules and regulations have many sources; it concerned with customs, ethics, and the concept like justice. In ancient times social behavior and interactions were regulated by the customs. Customs and conventions are considered by the political thinkers or legal experts as one of the factors behind the development of the modern law. These were the rules determined the character of the ancient societies when there were only limited scope of written rules and regulations. Generally there were no more written documents or regulations in ancient social system. Ethics are the moral principles also an influencing element of the modern law. Today, every political system provides special privileges to the disabled and weaker sections of the country. Here works out the moral or ethical ideals not political equality of the democracy. That means occasionally unequal share may be needed in certain situations. So justice is practicable with the feeling of ethics and morality. Rich people have not need financial assistance for their livelihood. Justice means to give equal share to every individual of a particular society. One can see that rules and regulations are generally based on this concept of justice. Justice has various forms like numerical and geometrical justice. Every political system accepts the different types of justice to maintain the needs of the citizens. Sometimes equal share is the need but at the same time government provide unequal share to the people. Universal Adult Franchise is provided as the form of numerical justice then governments perform discriminations in case of financial assistance. Thus different concepts like customs, ethics, and justice are the influencing attributes of the law. Though, written documents are necessary to maintain rules and regulations, it differentiates the law from various ideals. Law is desirable both to facilitate habituate the people; it is helpful to moral actions and to assist preserve the salutary practices. Written laws are the tool of the country to regulate the citizens because it is supported by the power. But customs, ethics, and justice are different concepts which may or may not include into the law.
  2. Law is a set of rules and regulations to maintain the interactions of the individuals within a particular society. Meaning of a definite law is different in various contexts because of the complexity of the cases. Law is considered as the expression of the power towards its subjects in the form of command that teaches to follow a moral life. Some times rules and regulations have only simple meaning which may be clear and objective. But the behavior of the man is not predictable then judges interpret the meaning of particular law. So it is not probable to interpret law as a matter of defining a simple concept with one simple meaning. If the situation is simple then a law is considered as suitable to certain situations at the same time complexity of the cases create a condition of analyzing. Many philosophers justify Universal justice is a truth; it plays an important role to make the future of the living beings. Law is applying on the accused person on the basis of the evidence put before the court. But the justice of the god or a universal spirit is not like in the case of man made law. Universal justice is done as the form of an influential leader or the way of the natural forces of the God. Any system of laws is becoming a success one; citizens of the political system must perform respect towards the rules and regulations.. Modern political systems are aimed to make a civilized society through the respect of the people towards the legal system. Culture is the man made social environment belongs to every aspects of social system. Formal political structures of the governments try to develop positive aspects among the citizens by the written rules, it is suitable or not to the culture.
  3. In contemporary period, civil law is widely accepted as the legal system of majority of the nations. Legal system consists of different types of rules and regulations and concerned with more than one institution. Civil law, common law, and religious law may be the part of the legal system of a political society. English Common law is the legal system of that country; it influenced many states in the time of the framing constitutions. The system of Common law in England was not accepted by the framers of the constitution of USA. However, one can see the influence of Common law of England into the legal system of United States. The essence of Common Law was adopted by the framers of the American constitution so that is considered as all the law of contemporary United States are based on the back ground of the English common-law. After independence American Congress became the authority of the law making process. According to Common law there are only limited legislative sources; customs and conventions are predominant in it. Relations among the king, lords, and the people are determined in England through these customs and conventions. English Common law is the construction of the traditions and experiences of that country but it influenced other legal systems include the public law of the USA. Gradually, traditional rules or Common law recognized in all over the world. Framers of the constitutions generally followed the value of traditional Legal system of the nation. Apart from common law civil law is originated by the law making procedure of the legislature. Thus civil law has the recognition of the electorate; legislature consists of the representatives of the people.
  4. Islamic law is not only a religious one, it covers every aspect of the man and his believes. The relationship between man and man and his relations with Allah or God are explaining through the Islamic law. Social life and the national attitude also interpret by a religious way. Thus one can find that legal system of Islam consists of every aspect of contemporary law in general and specific. There are two different types of law in the legal system of Muslims; these are devotional and transaction law. Devotional law teaches to that how one can understand the presence or nearness of God. It has taught many religious practices to follow the moral ways of the God. Transaction law is reasonable and can realize the suggestions of towards the human beings. This consists of constitutional law, criminal law, administrative law, and commercial law. Rules of the economic system also can see into this religious legal code; it explains about number of taxes to collect from the business and in market place. This legal system of Islam, thus aims a well being economic structure. Islamic legal system is often effective to bind the disobedience of the people. Some of the anti- democratic Islamic states are successfully maintain the law and order by the application of the Islamic legal system. In 1970, a department of Justice organized in the time of ruler, King Faisal. More than three thousand sharia courts are administering by this ministry of Justice. Civil and criminal cases are handling by the sharia courts of Saudi Arabia. Sharia courts are strictly work out and make possible the law and order, because of the comparatively unsympathetic punishments against the crime.
  5. Rule adjudication structure or judiciary is one of the three important formal organs of the democratic governments. Judiciary performs very essential functions in a political system. Generally it differentiates from other structures of the government to maintain its independence. Rule adjudication structure must independent and become a fearless institution. Rights and liberties of the people are protecting through the rule adjudication power of the judiciary. So there is enough number of law courts in a political system for the protection of the citizens and the unity of a nation. Otherwise justice becomes a late comer; this situation is not better for a democratic country. Federal system like in USA needs a powerful judicial structure because of there is the chance of conflict between federal and state governments. By the result of the public attention direct democratic essentials have been adopting into the judicial organization of the political systems.

Some of the states in USA have adopted recall as a device to call back the corrupted judges of the courts. The resolution of judicial recall caused an oratorical conflict on the time of the hearing. All the members, which time were present to participate on the discussion. Here one can see the public interest in the functioning of the judicial courts in US states. Supreme court works as the highest federal court in United States; it belongs to a Chief Justice and eight other Judges. With the consent of the Senate, the upper chamber of the American Congress; President appoints the Judges. USA is second largest democratic nation so one can criticize the number of the Judges is not enough to the need and number of the cases. But the Supreme Court hears only limited number of cases in a year most of the cases are maintained by the lower courts. According to the constitution of United States Supreme court should involve concerned with important matters which question constitution or the rules and regulations of the federation. So there is the chance of the constitutional and national important questions come before the court. However, a fundamental reform may be suitable for the Supreme Court of USA. It may a court with term limited judges and certain better moral qualifications.

Conclusion

To conclude, analyzing the three chapter’s one can reach the following inferences. Things are clear for a reader can find that formal democratic political structures are the result of the historical evolution influenced by several political experiments. Authoritarian and totalitarian governments have also accepted these structures to argue the support of the people for their out put actions. This fact reveals the popularity of the democratic set up in the early and contemporary periods. Legislature is a prominent organ of any political system that belongs to the representatives of the people, federal nations like USA, and Canada followed bicameral system of legislature to settle their regional problems. One can observe the control of the rule making structure over executive and judicial system. Bureaucracy or permanent executive has a significant role in the application of the policies and actions. This civil service may not become a passive one, which should perform as machine with a soul to understand the call for assistance. It means bureaucrats have their own responsibly and accountability towards the public. Different types of legal systems and laws are prevailed but all of them touch the concepts like ethics, justice, and customs. English Common law is the creation of the customs and experiences of that nation but it influenced other legal systems include the civil law of the USA. Medieval Islamic legal system is not only a religious one that expresses all the features of the modern legal system. Political thinkers generally suggested independent judicial system for rule adjudication. There also see the public scrutiny concerned with various factors of the judiciary. As the result of this public attention direct democratic elements have been adopting into the judicial structure of the political systems.

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DemoEssays. "Legislative Process, Administration of Government, and Law and the Court." February 9, 2022. https://demoessays.com/legislative-process-administration-of-government-and-law-and-the-court/.