Canada more democratic than the U.S.?

[ironsides]

I am not saying what happened in Calif. was right, just that the people voted what they wanted marriage to mean.


Human Rights is a people issue, after all, law's are written by people. If not that, it becomes a morality issue which is very subjective. The Supreme Court cannot make law, only interpret it. +1 becomes the law, and will be enforced as such.

 

[SirJosephPorter]

The thing is SirJoseph is that their 50% +1 propositions are still subject to their constitution so I'd say your belief in superior Canadian protection isn't necessarily true: it comes down to what the respective Supreme Courts decide.

No it is not, Wulfie. In a state like California, constitution can be amended by 50%+1 majority vote. And that is exactly what they did recently. They did not just pass referendum making gay marriage illegal. They amended California constitution making gay marriage illegal.

Constitution amendment is not subject to California constitution. It is subject to federal constitution. However, US federal constitution is not as comprehensive as our constitution. Thus things like marriage, death penalty etc. are left to the states (conservatives would also like abortion to be left to the states). In Canada these things are decided federally, for the whole country.

So 50%+1 result is subject to federal constitution. But protection afforded by federal constitution is not as comprehensive as out constitution.

 

[SirJosephPorter]

I am not saying what happened in Calif. was right, just that the people voted what they wanted marriage to mean.


Human Rights is a people issue, after all, law's are written by people. If not that, it becomes a morality issue which is very subjective. The Supreme Court cannot make law, only interpret it. +1 becomes the law, and will be enforced as such.

That is the question, isn’t it ironsides. What is the law and what is the fundamental basic human right. If gay marriage is considered a law, then you are right, California people can ban it with 50%%+1 vote. On the other hand, if it is considered basic human right (as it is in Canada), then it can be banned only by a constitutional amendment.

And then we come back to the question, should constitution be amendable by 50%+1 majority vote? I don’t think it should be.

 

[Toro]

The US is more democratic since Americans vote more often for more things and power is diffuse whereas power is concentrated in the Prime Minister's Office.

 

[JLM]

The US is more democratic since Americans vote more often for more things and power is diffuse whereas power is concentrated in the Prime Minister's Office.

How often you vote has very little to do with it, when you do vote you are supposedly voting for a person whose decisions you trust so you do have to piss money up against the wall having a referendum for every piddley thing.