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Judiciary Lecture

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Political Science
Political Science 2230E
Prof Dyck

Lecture 1 January1010 401 AM Major QuestionsWhat is the roleif judiciary in liberaldemocratic theory o Performs the role of adjucation o Impartial judgements o Judges apply the law o Elect representatives from the laws o Legislation statutes and constitutionStare decisis binding common lawWhen a court makes a law their becomes a binding precedent What is judicial independence and why is it important that the independence of the judiciary be protected o What is the symbol of justice the idea that justice is blind means there is no prejudice an unbiasedo Justice means impartialo They must be protected and independent of the pressures Free from bribes and threatFree from fear and favour The public make sure they cant bring pressure Judges be free from the pressures of the state make sure they dont rule to benefit the government Its critical to democratic theory and judicial functionThe rule of law no one is above the law make sure the law makers and men are not above the law Three basic kinds of independence 1 Political independence referred to security of ten year get to keep their job unless removed due to misbehaving federal till 70 or 75 and provincial 65yrs Also restrains judges as wellRequired to stay away not make political statementsStay away from the parties Stay out of and away from parties in politics2 Financial Independence that judges are financially stableMake sure that the government doesnt influence and say that they are going to cut the judges salary 3 Administrative Independence judges gets to decide the day to day operations of the courts and cases Judiciary have an operational staff what is important cases who gets to judge which case What reasons can a judge be removed from office and who decides if a judge is to be removed o Judges serve as long as they do not misbehaveo We dont really know we do not have a defined understanding of misbehavingo Criminal acts of courseo Must bring the judicial system in disrepute
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