POLS 3130 Lecture Notes - Lecture 7: Jean-Claude Juncker, Supreme Court Act, Canadian Judicial Council
17 Dec 2017
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Institutional relationship between judiciary and external actors o. Trend: there is becoming greater autonomy for the judiciary. Political context: there is resource scarcity and assertive judiciary. Impartiality: absence of bias, whether it be real or perceived. They do not need to justify other than their written and oral components of the case. They are not answerable to the bureaucracy o. Without judicial independence, three things would occur: o. Arbitrary wage decreases: government direction of staff activity o. Constitution act, 1867: should be similar in principle to the united kingdom - s:99. Superior court judges shall hold office during good behaviour removable by the governor general on address of the senate and house of commons . Constitution act of 1982 (includes charter): any person charged with an offence has a right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal o.
