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Role of a Judge.docx

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Carleton University
LAWS 1000
Steve Tasson

thLawFebruary 8This WeekHow does one become a judgeWhat is the value of a judgeShould they be politically neutralsilence New Role for judgesPostCharterdramatic expansion of judicial review function substantive vs proceduralNew MAJOR policy role for judges despite explicit denials by mosthave the power to declare anything unconstitutionalmake policy now new policy role not simply enact itJudges have the final say on rights issuesShould judges be more accountablemore political New reality for judgesLess about trial decisions was the traditional viewnow judges manage juries provide clearer instructions to them manage experts determining quality selfrepresented litigantsrequires more involvementShift to settlement rather than trial Judges in CanadaAppointed rather than elected have to be a lawyer for at least 10 yearsMost judges in Canada are appointed by the federal governmentMinister of Justice recommends lawyersjudges to Federal cabinetGovernor GeneralProcess is critiqued there is pressure to make the system more opentransparentRemoval of Judges in Canada requires the approval of house of commons the senate and the governor generalTHIS HAS NEVER HAPPENED Appointment vs ElectionOngoing debateAppointmentmeans process is less openly politicalElectionsPoliticalUSappointments process has been used to probe personal beliefs about highly sensitive issues like abortion and euthanasiaRothstein J first justice to be questioned by Parliament in an attempt to make the process more transparentCromwell Jprocess bypassed parliament
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