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Midterm: 35 MC; 15 Mark Short answers
- Compare and contrast s.92, s.96, and s.101 courts (Focus on selection process of the
- Compare and contrast civil law and common law
A Rough comparative Continuum
- France – Civil system – it is more of a profession. Franc treats judges as civil servants.
Judges there are far less political and have an objective civil servant mentality.
- Germany – Has separate schools for law practice and for people who want to be a judge.
- US – Representative model
o Federal judges are not elected. Appointed by the President and confirmed by the
- Britain – Common law – Adjucatory model. Judges selected from the pool of experienced
- Read text
- The worst situation is direct selection
- The best one is the nominating commission
- Overall, patronage and corruption has been reduced but it is still there
- Prime minister or Minister of Justice or attorney General appointing the Judge
- Special Advisor for Judicial Affairs
- CBA offered to evaluate potential candidates
- New system was an improvement but still lacking in key areas
- Now, nominee of Chief Justice of the Province is no longer the voting member towards
the screening process for the judges and a representative from the Police has been added
to the list of screening council.