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LWSO203 - Role of Judges and Lawyers-1.docx

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Department
Law and Society
Course
LWSO 203
Professor
Marywyatt Sindlinger
Semester
Winter

Description
Role of Judges and Lawyers 1) Judges’ Roles A) Adjudicate Disputes -legal answers to problems using legal principles -impartial trier B) Oversee government functioning - govt. legislation since 1867 - ensures govts are following the rules -make sure govts are acting within their legislative power and the Canadian charter C) Ideological function -reflection of a cultural value D) Law making function i) role of judges in common law -judges create law as they make decisions (i.e. manufacturers liability) -they create and make changes ii) Constitutional aspect -makes decisions rather than the elected officials -make changes to political law (abortion, assisted suicide) - can be very controversial -Judicial Activism: how active should judges be in making laws B) Selection Process Constitution Act 1867, s. 96: federal executive appoints superior court judges -superior court judges appointed by feds Constitution Act 1867, s. 101: federal executive appoints federal court judges and general court of appeal for Canada Advantages: -not trying to please the population, making the right decision disadvantages: -not accountable to the public C) Judicial Independence 1701 Act of Settlement -power shift from monarch to parliament -security of tenure (holding office from good behaviour, cannot lose job
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