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Why is Judicial Independence Important to You?

2016

The placement of judges on a raised dais within the courtroom is also designed to signify the authority and impartiality of the judiciary and to recognize the importance and the solemnity of the proceedings. [...] The principle of judicial independence takes on two main dimensions, namely: The adjudicative independence of judges on an individual level; and The independence of the judicial institution through the administration of justice that is separate from the executive and legislative branches. [...] To preserve judicial independence, the Constitution of Canada and decisions of the Supreme Court of Canada requires the following elements [Sections 99 and 100 of the Constitution of Canada]: 1. [Security of tenure]: Once appointed, a judge is entitled to serve on the Bench until the age of retirement, unless, for Superior Court judges, both houses of Parliament agree that the judge should be remo [...] Judicial Appointments Process The system of judicial appointments must instill public confidence in the judiciary: The first goal of this safeguard is to appoint competent, independent persons of unimpeachable integrity as judges; and The second objective is to ensure the impartiality of judges after their appointment to the bench. [...] Many measures exist to ensure that judges are held accountable, including: The absolute requirement that cases be decided in open court according to the law and the evidence; The duty to provide sufficient reasons for their decisions, which will be available in the public domain; The obligation to decide cases according to the evidence and the law; Accountability to the public interest for
accountability government politics canada common law constitutional law ethics judicial independence justice law separation of powers judge constitution parliament court judiciary trial (court) constitution (law) canadian charter of rights and freedoms arts, culture and entertainment constitution act, 1867 canadian judicial council the supreme court the supreme court of canada beauregard v canada
Pages
48
Published in
Ottawa, ON, CA

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