Law and the Constitution in Canada Essay Example | Topics and Well Written Essays - 250 words - 1

Law and the Constitution in Canada - Essay Example Legal reasoning is essential in explaining the inherent difference between partisan and impartial legal decisions. Legal reasoning remains indispensable in arbitration of varied beliefs and values of the Canadian society towards acceptance of legal decisions2. Moreover, legal reasoning is domineering in harmonizing Canadian society perspectives about legal integrity. Furthermore, it enables the Canadian society to comply with SCC legal decisions over varied cases even though they may seem to disagree. Similarly, legal scholarship has had notable contributions to realization of a more acceptable Canadian legal system through establishment of doctrinal scholarship and creation of linkage with other disciplines. Through legal scholarship, legal scholars established a doctrinal analysis system that explains, criticizes, and analyses Canadian judicial decisions. In addition, legal scholars have created brilliant doctrinal scholarship proposals methods of decision making within judicial systems especially in constitutional law. Besides doctrinal analysis, legal scholarship has ensured incorporation of other discipline concepts such as economics, philosophy, and literary theory in making legal decisions3 (Bourne 2011). Due to the aforementioned concepts and functions of legal reasoning and scholarship, the Canadian society have accepted Aboriginals rights and title as outlined in section 35 (1). SCC have the legal rights to interpret s35 (1) to the Canadian society, a responsibility that they have achieved through legal reasoning (Turner 2006). In addition, legal scholarship and reasoning remains imperative in explaining the inherent judicial process in making decision relating to acceptance of aboriginals rights. Acceptance and affirmation of aboriginal rights required doctrinal scholarship analysis and legal reasoning of several cases including the Delgamuukw