POLS 3130 Lecture Notes - Lecture 5: Group Representation

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Empirical question: how do we select judges: what is the process, what actors are involved. Political influences that are non-partisan: regional representation, group representation (gender or ethnicity) Group representation: descriptive representation: when specific groups can see themselves reflected in the judiciary, substantive representation: life experience and perspective of people from minority groups is going to have an influence in how they decide cases. Argument for a reflective court: diversity as a means of ensuring legitimacy and authority of judiciary, all qualified judicial candidates have the same opportunities to become a judge. Judiciary will be changed and improved by a diversity of decision makers. Appointed by provincial governments: because of high number, provincial governments appoint almost half of all judges in canada. Pre-1990s, most judges appointed by the attorney general or premier: patronage played a large role in the appointment process. Patronage is still an issue: allegations of patronage in quebec bellemare affair.

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