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LWSO203 - Role of Judges and Lawyers.docx

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Law and Society
LWSO 203
Marywyatt Sindlinger

Role of Judges and Lawyers 1) Judges’ Roles Adjudicate Disputes  Give legal answers according to legal principles Oversee government functioning  The role of overseeing government legislation since 1867. Since the constitution act, it’s the courts role to make sure they are making laws in their area of power. Also to make sure they are acting in accordance with the Canadian Charter.  1 – acting in their legislative powers, 2 – in accordance with the charter Ideological function  Reflecting a specific set of values back to the community Law making function  What is the appropriate role of judges in society? Common law and the law of judges and role of judges in government oversight.  Common law – making decisions that change/create law.  Constitutional aspect – the courts oversight of the government – they also change laws (changes to assisted suicide and apportion – in order to make sure it’s with accordance with the Charter). Our elected representatives are supposed to represent us, however judges aren’t accountable to us – they aren’t elected. Huge controversy – judicial activism – how active and how far should they go in making laws when they aren’t democratically elected. 2) Selection Process Constitution Act 1867, s. 96: federal executive appoints superior court judges Constitution Act 1867, s. 101: federal executive appoints federal court judges and general court of appeal for Canada Provincial Inferior court judges are appointed by the provincial government. 3) Ju
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