POLS 1400 Chapter Notes - Chapter 24: Precedent, Judicial Discretion, United States Territorial Court
7 Dec 2016
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Adjudication: defined as interpreting the law in cases of dispute, of settling disputes by applying the law to them, or of making a judgement based on the law. The function of the judiciary is to render formal, impartial, authoritative judgments in the case of legal disputes between two parties that cannot be settled otherwise. Adversarial system with lawyers representing each side. Canadian federal, provincial and territorial legal system is english common law. Stare decisis: the judge (and sometimes the jury) has to decide which precedents most closely resemble the case currently before the court, the principle that precedents are binding on successive decisions is called stare decisis. Adjudication is considered a part of the policy making process. Judicial review: the power of the courts to declare them invalid, refuting the principle of supremacy of parliament. The courts power of judicial review was greatly enhanced with the adoption of the canadian.
