Legitimacy On Trial A Process For Appointing Justices To The Supreme Court Of Canada
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Author | : Carissima Mathen |
Publisher | : UBC Press |
Total Pages | : 281 |
Release | : 2020-06-01 |
Genre | : Law |
ISBN | : 0774864303 |
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
Author | : Ian Peach |
Publisher | : Regina : Saskatchewan Institute of Public Policy |
Total Pages | : 19 |
Release | : 2005 |
Genre | : Court administration |
ISBN | : 9780773105133 |
Author | : Canadian Judicial Council |
Publisher | : |
Total Pages | : 56 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author | : Graham Gee |
Publisher | : Routledge |
Total Pages | : 404 |
Release | : 2017-09-11 |
Genre | : Law |
ISBN | : 1315400049 |
What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
Author | : Martin L. Friedland |
Publisher | : Canadian Government Publishing |
Total Pages | : 432 |
Release | : 1995 |
Genre | : Law |
ISBN | : |
How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more.
Author | : David E. Smith |
Publisher | : University of Toronto Press |
Total Pages | : 326 |
Release | : 2007-04-21 |
Genre | : Political Science |
ISBN | : 144269159X |
Canada's House of Commons has come under considerable attack in recent years. Many critics have contended that the House has been unresponsive to public opinion, and that its party leaders have too much control, while leaving individual MPs essentially powerless. The House has also faced challenges by the courts since the introduction of the Charter, a powerful bureaucracy equipped with specialized knowledge, and new telecommunications systems that are redefining the transfer of information. Through an examination of academic, judicial, political, and legal commentary, The People's House of Commons explores the role of the House as a public institution. While addressing much of the criticism that has been levelled at the House, David E. Smith considers the competing political models and inherent tensions and their affect on public understanding. Smith maintains that court decisions are transforming the political system from one dominated by parties to one that promotes individual participation. He argues that reforms such as fixed election dates or stronger parliamentary committees have constitutional significance since their implementation would alter the practice of responsible government, which for more than a century has been a party government. A definitive work by one of Canada's foremost experts in the field of political science, The People's House of Commons explores the ramifications of many of the changes currently being proposed to Canada's political system, with particular reference to their affect on prerogative power, parliamentary privilege, party discipline, bicameralism, and the role of the opposition.
Author | : Gordon DiGiacomo |
Publisher | : University of Toronto Press |
Total Pages | : 561 |
Release | : 2016-02-10 |
Genre | : Political Science |
ISBN | : 1442609532 |
"Written largely by Canadian scholars for Canadian students, Human Rights: Current Issues and Controversies is an overview of contemporary human rights concerns that aims to introduce readers to the human rights instruments--provincial, national, and international--that protect Canadians. The volume begins with an overview of the history of human rights before moving on to discuss such important topics as the relationship between political institutions and rights protection, rights issues pertaining to specific communities, and cross-cutting rights issues that affect most or all citizens. Contemporary and comprehensive, Human Rights: Current Issues and Controversies is a valuable resource for undergraduate and graduate students studying human rights."--
Author | : Mordechai Kremnitzer |
Publisher | : Cambridge University Press |
Total Pages | : 689 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1108497586 |
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Author | : Joe McIntyre |
Publisher | : Springer Nature |
Total Pages | : 304 |
Release | : 2019-09-16 |
Genre | : Law |
ISBN | : 981329115X |
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Author | : Ian Greene |
Publisher | : James Lorimer & Company |
Total Pages | : 266 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9781550285642 |
Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.