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Political Science
Political Science 2230E
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Polisci 2230 The Judiciary010620141 What is the role of the judiciary in liberaldemocratic theory To render formal and impartial and authoritative judgmentPreexisting law abiding law to determine the party who has the legal rightWhere do the laws come fromThe peoplein statutes pieces of legislation through the democratic processCommon law judges in Canada who create this lawA statute face law will supersede the common lawPrecedentstare decisis 2 What is judicial independenceWhy is it important that the independence of the judiciary be protected The symbol of justice inquires impartiality The judiciary have to be independent unbiased and politically neutral and free to judicate without fear or bribesCreating independence to the public independent of the public pressure and independent from the government insulated from legislative executive pressureA neutral referee and enforce the rule of law all are equal Obligated to protect the Charter of Rights and for the public to follow through itPolitical independent Keep their job at the specified age unless there is misconductFinancial independent Ensure financial securityAdministrative independent Judges have to have the power to oversee the day to day operations of the court Have to have an ample amount of staffJudges have to have the power to oversee the day to day operations of the court Have to have an ample amount of staff 3 For what reasons can a judge be removed from officeWho determines whether a judge has misbehaved What is misbehaviour Serious criminal acts If the judge brings administration of justice in dispute is misbehaviour however it is not certainly knownThe Canadian Judicial Council 1971address complaint of judicial misbehaviour and from unprofounded allegationIt enhances judicial independenceAdmonish and reprimand judgesRecommend to Parliament for a judge to be removed through the approval of both houses of the ParliamentLori Douglas an associate chief of Justice of Manitoba Court of Queens bench family division In 2011 the CJC called a formal investigation whether she should be removed from the bench Married to Jack King In 2002 a black person contacted the lawyer King Lori had a sexual relationship witha black man and photos were exposed all over the internet Chapman was paid to keep quite However Lori is part of the CJC but she stepped down due to conflict of interest A decision has not been made whether she should be taken off of CJC4 On what grounds do critics reject the assertion that the judicial role is guided by the distinction between law and politics Critics find that making law and applying law is a fictionA court can say there is a precedent however the facts are substantially significant that the precedential state does not applyJudicial review allows courts to review either the legislation or the act of the executive or of a legislation and declare that legislation invalid or void Through the federalism cases section 91 and 92 courts being asked to determine whether or the government had the authority to pass the legislation Provinces do not have the jurisdiction to determine any criminal laws invalid Under the Charter of Rights and Freedom it allows the court to scrutinize every piece of legislation It has been particular controversial because its pulling the judiciary the courts more into political issues and brining it to lawmaking instead of interrupting and applying law The Charter has been giving a great amount of power to the judiciary and have courts unaccountable and unreliable over ruling the democratic electedEx Controversial issues such as abortion 5 Is the composition of the judiciary representative of Canadian societyIn what ways is it unrepresentativeDoes it matter Ethnicity vast representation of French and the British judgesClass drawn disproportionally from upper class background Only children from middle classes will be able to pursue an education We may see judges siding with their own class interests and therefore being biasedGender Only 18 of federal judges were women In 2000 first female chief of justice 6Given the ethnic composition of the bench and Canadas commitment to multiculturalism many scholars argue that justice requires that judges consider the cultural values and understandings of the individuals who appear before them in courtWhat difficulties arise where the courts of the dominant society are asked to adjudicate disputes involving members of minority cultural groups and their cultural practices Allow sentencing circles Cultural sensitivity can be incredibly difficult results can cause misrepresentation and misunderstand their culture and what their culture signifiesThe court may accept cultural practices that are not available or socially unacceptable or misrepresent the whole concept of the cultureIgnorance of law and defenceA way of assimilation Adopting Out Indigenous children being more likely to be adopted out than nonIndigenous children to white parents than their own extended Indigenous family
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