Class Notes (836,148)
Canada (509,657)
POLS 303 (23)
Joe Garcea (23)

Judicial Independence

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Political Studies
POLS 303
Joe Garcea

Judicial Appointments Politicization – Ideological Compatibility: - American Model-U.S. Supreme Court: o When a vacancy occurs, the President has the authority to nominate a replacement (for life). o All judicial nominees must vetted by the Senate. o The process is often contested and falls between strict partisan lines. Judicial Selection in Ontario - On December 15, 1988, the Attorney General Ian Scott announced in the Ontario Legislature the establishment of the Judicial Appointments Advisory Committee. o A pilot project to develop and select potential judicial appointments. o The committee consisted of:  Two provincial court judges appointed by the Chief Justice of the Provincial Division.  Three lawyers (one appointed by the Upper Law Society of Upper Canada, one by the Canadian Bar Association and one by the County and District Law President’s Association).  Seven persons who are neither judges nor lawyers, appointed by the Attorney General. o Each member of the committee will have overlapping terms. - Criteria for Appointment o Demographics:  The Judiciary of the Ontario Superior Court of Justice should be reasonably representative of the population that it serves. Trial Courts - Trial courts are primarily concerned with solving disputes. - This occurs through a close examination of the evidence presented/witness testimony, etc. Appeal Courts - Whereas trial judges are responsible for applying settled law, appellate judges exist primarily to correct errors in law and to
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