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November 29th notes.pdf

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Carleton University
LAWS 1000
Betina Kuzmarov

November 29 2010ReviewLawyerwho can become onekeeping nonlawyers out of professionjudges are prohibited to talking about cases that have gone to courtExerciseif you say something is legalillegal your saying that law existsif we say something is lawfulunlawful we need to know what source it came fromif there was a simple answer to the question what the law is there would be no reason for a judgea good lawyer should be able to argue any side of a case and make it legalThe Meaning and Scope of Judicial Independencethe act of judging is more about separately powers constitutionally then separating the lawjudges will stick to what it is they are supposed to be doing interpreting the lawjudges hold ofce independent good salary if they stick to their jobone key theory of judging interpreters of the lawThe Case for a Strong Courtthe idea that the role of the judiciary is to uphold the rights so they can go against the rules of parliament majority in the way that harms the rights of other citizenssometimes judges have to make unpopular decisionpolitical decisionif thats the case are they stepping over their roles as judgesjudicial practice can they only interpret or can they also make decisions compare the two readingsAConstitutionConstitution Act 1867 judges can hold their jobs until mandatory retirement around 75 years oldS 99you have to be paid well enough to be nancially independent so that people S 100 dont think your swaying your decision based on moneyConstitution Act 1982 establishes that if you believe that your constitutional rights have been violated S 241by the government you can apply to the court to have the decision reviewed they can declare that that actsection does not exist anymorethe court is telling parliament that they are not allowed to do thatgovernment working out of constitutional powersall constitutional rights are subject to the not withstanding clause and section 1judges can judge the governmentyou have a right to equality dened by the court how do you know what equality is and what is a reasonable limit
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