POLI 101 Study Guide - Final Guide: Precedent, Substantial Form, Public Law

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2 Aug 2016
8.1 The Judiciary
1. Adjudication of legal disputes between private parties
In order to impose some order and consistency, adapted the use of precedents. If no
precedents existed, judges were free to decide cases in the manner that seemed most
consistent with underlying principles of the case that existed
Precedents- previous judicial decision on the same point of law
Stare decisis- to stand by what has been decided
2. Adjudication of cases in public law
Public law vs. private law
Private law governs relationships between two or more parties, public laws creates and
regulates relationships between private parties and the government.
Two main areas of public law
-criminal law
Contain criminal code of Canada that establishes appropriate ranges of punishment for each of
them. This constitutes a very substantial form of political power.
-administrative law
Ay regulatory legislation that doesn’t involve the application of criminal sanctions. Cover a wide
range of topics in both levels of government. Transferred to administrative tribunals rather than
courts however, cases can be overruled by the judiciary
3. Direction of royal commissioner of inquiry
Take charge of royal commissions investigating either problematic areas of public policy or
alleged misconduct in the public sector.
4. Judicial review of the constitution
Reference procedure- mechanism that triggered judicial review of the constitution
The adoption of the practice of deciding cases involving matters like property or contracts on this basis,
which are the previous judicial decisions on the same point of law.
Reference procedure
Mechanism for triggering judicial review of the Constitution. Provided that the court could be called on
to give its opinion on the constitutionality of specific decisions or statutes referred to it by the governor-
Judges must be free from prejudice for or against any party appearing before them.
Judicial independence
The concept that the judiciary needs to be kept away from the other branches of government. That is,
courts should not be subject to improper influence from the other branches of government, or from
private or partisan interests.
Integrated judicial system
All the courts in the country are interconnected. Moreover, the decision of the highest level of the
judiciary is binding on all courts of the country. Single system under the joint custody of the two levels
of government.
Inferior courts
Have more informal procedures. A court having limited and specified rather than general jurisdiction.
Section 92 courts
Inferior courts.
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