POLC32H3 Study Guide - Final Guide: Open Court Principle, Judicial Independence, Fee Tail

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Independent judges are not only autonomous but influential in the sense that their decisions greatly constrain the choices of other actors. Judicial independence: the institutional relationship between the judiciary (collective and as individual judges) and external actors, primarily in the executive and legislative branches. Purpose of judicial independence: entail security of tenure for judges, financial security, and some measure of administrative autonomy (such docket control). Its protected in canada by a host of constitutional, statutory, and regulatory provisions. Main provisions in guaranteeing is through constitutional law. Open court principle - not only must justice be done but it has procedures and mechanisms. Assumed to be important b/c courts should not be influenced by other branches of govt important to keep the partisan politics. Idea that everyone is subject to the law. In order for rule of law to manifest u need to have it applied to everyone equally. They are given certain parameters in which they can work.

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