Class Notes (839,242)
Canada (511,223)
POLS 2300 (152)

Week 7.docx

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Political Science
Course Code
POLS 2300
Tamara Small

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POLS 2300: Canadian Government and Politics Lecture 7- The Judicial System – October 24 , 2012 The Judicial System and Federalism - Highly integrated system - Section 91 (Federal government) – Criminal law, penitentiaries - Section 92 (Provincial Government) – The administration of just in the province - Both the federal and provincial government have responsibilities in the judicial system, the idea that there is integration - Laws are between individuals, groups, the state, they are there to provide clarity Types of Law - Private law (civil law) – maintain relationships between individuals o Contract o Property - damage o Family - divorce - These cases are actions between private parties or individuals, not within the state, when one side initiates and action against the other side - Political scientists less concerned with this type of law - Public Law (criminal/administrative) – affect society as a whole, govern individuals and society as well as individuals and the state o Criminal – the state is on the other side of this o Constitutional (Federalism and Charter) – rules concerning aspects of governing that are set out in the constitution, BNA act, 1982 constitution, charter o Administrative – agencies, boards and commissions o Tax Bijural Legal System - Canadian law draws on two types of laws – English common law, French civil law - Common law (stare decisis) o Dominant in every province and federal government except quebec o Based on precedence o Comes from our heritage o Stand by a decision – lower court judges should be bound by that of the higher court judges - Civil law (Quebec) o Adopted in France after French revolution o Quebec has its own legal system The Sources of Law - Statutory Law o Law that parliament makes, made by government, common law, or civil code - Common Law - Civil Law Functions of the Courts - Adjudication o Make a ruling, courts definitively resolve disputes, once courts rule that is it, provide authoritative settlements for disputes between the law for private or public parties - Judicial Review o Review of legislative and executive acts to ensure their consistency with the constitutional act, make sure acts are properly applied and administered, constitutions provide a limit on what the government can do and the court oversees that using judicial review - Law Enforcement and Administration o Uphold laws Judicial Principles - Impartiality o Without bias, apolitical, right to a fair trial, judges need to be free from bias, no stake in the outcome, right to appeal, political neutrality, judges must stay silent on political issues, judges used to not be able to vote - Judicial Independence o Silent on political matters, should not be interfered by politics, the court system is meant to operate independently of the 2 system, cabinet ministers elected representatives government officials may never contact a judge on a case, protect judicial independence is by having a difficult way of removing judges they stay still they are 75 only can be removed if serious incompetence, criminal behavior, if a judge does have to be removed it goes through the Canadian Judicial Council along with complaints about a judge, the way we compensate judges is out of the hands of the politicians - Rule of Law o The idea that no one is above the law, the courts enforce the rule of law, protects individuals from arbitrary actions by the state, ensures that police don’t use arbitrary actions Outline of Canada’s Court System - Federal Court, Supreme Court (top), Provincial Courts (a lot and bottom) - Court of appeal at the provincial level, each province has a highest court of appeal Supreme Court of Canada - Incorporates both common and civil law
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