Research Paper Doctorate 651 words

Neighboring Countries, the United States and Canada,

Last reviewed: July 28, 2003 ~4 min read

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 policing, roads, education, and other more "local" issues. 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 (murder, robbery, and arson) were all addressed in the original common law. These same ideals were employed for centuries to come, most particularly in the development of laws in both the United States and Canada. The important distinction however, is that the United States established new bodies of law (with the influence of common law), while Canada simply borrowed the original legal system, and adapted it to fit their modern day context (Canada E-book).

Canada also differs from the United States in the divide between its provinces and Quebec. Quebec is in many ways like a state in terms of autonomy, but the influences and origins of its laws are different (Canada Facts). Quebec abides by a civil law system separate from the common law system that is shared by the United States and the rest of Canada (in terms of the United States I am referring to influence rather than actual "law"). Quebec's civil law system originated in the Roman Empire, and reflects the ties shared by the province and the current day nation of France (Canada Facts). In many ways, Quebec is more like a separate country than a state within a federal system like America's.

You’re 86% through this paper. Sign up to read the full paper.

Sign Up Now — Instant Access Already a member? Log in
130,000+ paper examples AI writing assistant Citation generator Cancel anytime
Cite This Paper
PaperDue. (2003). Neighboring Countries, the United States and Canada,. PaperDue. https://paperdue.com/essay/neighboring-countries-the-united-states-151087

Always verify citation format against your institution’s current style guide requirements.