Political Science 2230E Chapter Notes - Chapter 24: Supreme Court Act, Judicial Discretion, Summary Offence
7 Oct 2013
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Canadian poli sci originally interested in judiciary system for its interpretation of the federal-provincial division of powers. Since the charter of rights and freedoms it has much more attention. Judiciary system always been associated with the rule of adjudication function. Is interpreting the law in cases of dispute. Of settling disputes by applying the law to them. Some legal disputes require judges, other are resolved before going through the whole judicial process. Usually some sort of personal or political compromise. Function of judiciary is to render formal, impartial, authoritative judgments in the case if legal disputes between two parties that cannot be settled otherwise. Relies on adversarial system two lawyers representing both sides. Judge acts as an independent referee and decides which disputant is legally right. Canadian federal, provincial and territorial legal systems operate in tradition of the english common law. The accumulation over the centuries of judicial precedents in. Judge must decide which precedent resembles the case the most.
