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Lecture 10

Lecture 10 Tuesday October 8th.docx

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Political Science
Greg Flynn

Lecture 10 Tuesday October 8 th THE JUDICIARY AND THE RULE OF LAW 1. THE RULE OF LAW  there is no such thing as democracy if there is no rule of law  Roncarelli v. Duplessis o Roncarelli; exercising right to bail people out or jail o this was a privet law pursuit  i. Known and Enacted Laws  ii. Government Action Authorized by and in Accordance with Law  if the government proposes to do something it has to have authority through statutes  iii. Everyone is Subject to Law  none of us can circumvent the law  should apply to all of us in the same way  only legitimate activity  separation of power between 2. JUDICIAL BRANCH  Interprets and defines the law  in reference through the constitution  and governments that send out appropriate guidelines; some problems may occur  the role of the judiciary to act as an arbiter to make sure that laws are being act  review laws, acts and policies of the government  apply to the limits set out through the constitution  and the laws prescribed by the government; the legislature  a. Purposes o review; laws o limits are by the constitution o and laws defined by our government o actions- not only formal laws; but there is a context to how the judiciary says that the government has abided by the law o render decisions that are unfavorable o need a judiciary in the rule of law; if not then you do not have a free state o goes hand in hand with the notion of the rule of law  b. Independence o They are free from influence from any kind  of governments  free from influence of parties of action; the ones before the court/when governments are parties of that action  no restrains so judging matters other than the laws themself  Re: Remuneration of Judges  1997 BY THE supreme court;  3 provinces o Alberta o Manitoba o PEI  Sought to reduced the salary of the public sector employees; provincially appointed judges;  section 11 d of the charter that all judges be independent and impartial; relied on a earlier jurisdiction  textual recognition of judicial independence  there are 4 method to insure the independence of the judiciary  c. Methods of Ensuring Independence o i. Tenure  protect judges  hold office in the period of good behaviour; and removed by the governor general and the senate/house of commons  life time appointment stay till they are 75  difficult to accomplish  difficult to remove a judge; time consuming o ii. Financial Security  make sure that judges will not be bribed  we pay them well enough so they will not be coerced to be bribed to alter the decision  around $300,000 annually  the constitution requires that their pay is fixed; and the legislative decide how much to pay them 
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