POLSCI 3LC3 Lecture Notes - Lecture 3: Judicial Independence, Security Clearance
15 Dec 2017
School
Department
Course
Professor
Document Summary
13 september: what doe it mean to have rule of law. The judiciary: purpose: to hold governments to the law that is passed. Limit the powers of government to the powers given them by legislatures. Elections can do this in a blunt sense, but are unable to react to individual laws. From time to time, the government will run into the courts and act contrary to the law. Courts are making decisions that are politically or popularly unacceptable. Courts are invited into the realm of public opinion. Courts need a degree of protection from the government: judicial independence: Freedom from in uence of any kind from other levels of government or parties to action. Nothing but the facts of the case and the law should be in uencing the judges. The judiciary independence is a foundation of canadian law - taken from the british common law system: 11(d) - right to trial before independent tribunal.
