POLS 3130 Lecture 6: Week 6
2 Jul 2016
School
Department
Course
Professor
Document Summary
No ma shall be a judge in his own cause. Judges should be impartial: should have no vested interest on the outcome of a case, impartiality: subjective frame of mind, independence: relationship to other actors. Justice must not only be done, it must be seen to be done. Relational concept: formal institutional protection for judges: prevent incursion into the work of judges from other branches of gov"t. Behavioural concept behaviour of judges; does it display autonomous decision-making. Ways to ensure judicial independence: job security (security of tenure, financial security: compensation for their jobs to avoid bribes, administrative control. Act of settlement 1701: judicial appointments are valid through good behaviour. Guaranteed by law in canada: a constitutional, statutory and common law. Mandatory retirement that applies to all judges the same: option to work as a supernumerary judge in provincial lower courts. Specific and clear guidelines for dealing with incapacity, misconduct, and incompetence.
