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Cuba is a totalitarianstate led by Castro who is in control of all of Cubas institutions including the legal system On the contrary Canada is a democratic state currently led by Stephen Harper who has authority over some institutions but the legal system is an independent branch of government Clearly the Cuban and Canadian legal system are very different because of Cubas communist regimeThe Cuban judicial system is significantly different from the Canadian legal system To begin the Cuban judiciary suffers from a lack of sovereignty because the Marxist government does not recognize it as an independent branch Attacks on Justice 2 Although the constitution entrenches the principles of judicial independence article 121 subordinates the courts to the National Assembly the executive branch and the Council of State Attacks on Justice 2 Clearly the National Assembly has true authority over laws Nonetheless Cuban judges are still obligated to act in accordance with the government not the law itself In summary adjudicators must interpret and apply laws in whatever manner is required to achieve the socialist goals Sanchez 5 Conversely Canadian judges function independently without considering the other branches of government and they cannot be intimidated by losing their position or of being jailed Alexandrowicz et al 13 Moreover Canadian judges must answer to the law and as a result they cannot be influenced by any outside factors In summary principals of independence do not exist in the Cuban legal system Not only does the Cuban judicial system lack independence but also the rule of law does not exist The rule of law is defined as the fundamental principle that society is governed by laws applying equally to all persons and that neither any person nor the government is above the law Alexandrowicz et al 10 The rule of law does not exist in communist countries because the government is above the law As a result the law is not equally applied to
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