Political Science 1020E Study Guide - Quiz Guide: Presidential System, Ultimate Power, Liberal Democracy
16 Oct 2018
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Some political system make no pretence of judicial neutrality. Judges may be in two senses: 1) to external bias = derived from the influence that political bideis, such as parties, the assembly and government, are able to eert on the judiciary. Kept at bay by respect for principle of judicial independence (strict separation). Most countries: security of tenure (cannot be sacked). However, close involvement of political bodies in judicial recruitment and promotion. 2) internal bias = prejudices and sympathies of judges themselves. Gerrymandering = manipulation of electoral boundaries so as to achieve political advantage of a part or candidate. Modest form (uncodified) restricted to the review of executive actions in the light of ordinary law using the principle of ultra vires (beyond the power, acted outside power?). supremacy of judiciary. Judges are no simple appliers of the law. Judges impose meaning on law through a process construction that forces them to choose amongst a number of possible meaning or interpretations.
