LWSO 203 Lecture Notes - Law, Advance Healthcare Directive, Law Society
25 Mar 2013
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Document Summary
Make sure govts are acting within their legislative power and the canadian charter. Reflection of a cultural value: law making function i) role of judges in common law. Judges create law as they make decisions (i. e. manufacturers liability) They create and make changes: constitutional aspect. Make changes to political law (abortion, assisted suicide) Judicial activism: how active should judges be in making laws: selection process. Constitution act 1867, s. 96: federal executive appoints superior court judges. Constitution act 1867, s. 101: federal executive appoints federal court judges and general court of appeal for canada. Not trying to please the population, making the right decision disadvantages: Not accountable to the public: judicial independence. Security of tenure (holding office from good behaviour, cannot lose job without vote of parliament) Security of tenure: cannot be fired due to unpopular decision. Financial security: salaries set by an independent govt. committee. Administrative independence: courts decide their own administrative procedures, independent from govt.
