1 Public Policy: The Role of the Justice System
• Why is justice system so important?
First modern thinker macuvielle.
–Rule of law backbone of liberalism: protection of property, upholding contract
• What is Justice?
–Substantive law in concrete application
• Principle of the rule of law: The rule of law obliges, everyone, including those in power, to obey formal, public,
neutral rules of behaviour – no one is above the law
• What is the recipe for procedure?
–Rational, predictable, uniform rules and policies
• Specific requirements
• Accessories to the rule of law:
–Civilian control of the police and military
• What are the substantiveissues of justice in the rule of law?
–Individual rights as legal entities
–Equality and social justice
• Parliamentary supremacy, judicial review and the Charter of Rights and Freedoms in Canada –What is the
relationship between the legislature and the courts?
•Lower courts adjudicate criminal and civil law
•Appellate courts review appeals
•Supreme court is final court of appeal and makes final decisions on constitutional issues
9 The British Legacy
–Parliamentary supremacy in responsible government
•No other institution may overturn the decisions of parliament
•Anything that is possible falls within the legislative competence of parliament
•The court has very limited role in relation to parliament and defends the law of parliament
–Do officials overstep the law of parliament?
10 The American Legacy
–Judicial review under the separation of powers
•The court decision may strike down a law and thereby establish new law
•Constitutional amendments establish rights entrenched in the constitution
•Judicializing of politics
•Politicization of the judiciary
• Canada’s historical position on the role of the Supreme Court
–Parliamentary supremacy upheld
–Rights not entrenched
–Check on authority of state: does the state exceed its constitutional authority?
•Uphold division of powers in federalism
–Increasing interest in rights in the late 20 century
• Changes under the 1982 Charter of Rights and Freedoms
–Entrenched rights require judicial review
–Attitude of judiciary
–Authority over procedural rights
•Section 24(1): grant new trial if rights violated
•Section 24(2): can exclude evidence if rights are viola