POLS 3135 Lecture Notes - Lecture 3: Provincial Superior, Judicial Independence, Responsible Government

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9 Nov 2022
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Lecture 3: the role of courts in canadian constitutional law. Objective of today"s discussion: provide a foundational understanding of the role courts play, generally, in canadian politics. Matters of national concern = domain of federal government. Matters of local concern" = domain of provincial power. Issue: regionalization at the expense of strengthening a national character?". Role of courts: a brief discussion of the hierarchy of the canadian court system. Our discussion here will focus on the role and jurisdiction of the provincial superior. Courts in settling matters of contested jurisdiction (provincial or federal) Key topics: appointment process: federal government appoints provincial high court judges. Relevant case law: re remuneration of judges (1997) key issue: does the negotiation or collective bargaining over the salaries of provincial superior court judges breach or undermine judicial independence? (whether we are talking about raises or reductions. ) No general separation of powers" in the constitution act, 1867.

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