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Pages:
1 page/≈275 words
Sources:
4 Sources
Level:
Chicago
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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MS Word
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$ 4.32
Topic:
Judicial Independence the Hallmark of Canadian Democracy (Essay Sample)
Instructions:
The paper explained arguments on critics who have described the Courts definition of judicial independence as overly generous and as an indication of the Courts desire/tendency to legislate from the bench while others argue that judicial activism is a good and necessary thing.
source..Content:
JUDICIAL INDEPENDENCE: THE HALLMARK OF CANADIAN DEMOCRACY
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Canadian democracy has strongly influenced several changes in the nation as the justice system has finally marked its judicial independence. Democracy in any country or organization does replenish the ability to enrich the society with the freedom to always assert valuable changes that influence better living (Howe, Russel, 2001).
The SCC has travelled a long journey in affecting the judicial independence. One of the cases that affirmed judicial independence is the case of the Queen versus the Crown Zellerbach (Supreme Court of Canada, 2014). The Canadian SCC was seeking to have more independence in controlling the pollution of the sea. The affirmation that the Canadian parliament should be the one constituting the law of the sea pollution of the internal Canadian water did influence judicial independence as the SCC began to gain more grounds for affirming their peace, respect and control. One opinion that emerged from this case is that the Canadian Judicial Independence is overly generous as an indication from the bench (Liton, 2014). This view emerged because the Canadian Judicial system did enhance the wellbeing of the Canadian residents.
The case of Moreau-Berube versus New Brunswick also affirmed judicial independence as it ensured that the misconduct of the provincial court judges could be accountable and answerable (Kelly, 2006). The Canadian justice system gained administrative independence as they were in charge of appointing judges and the sittings in the court rooms. The case of Andrews versus the Law Society of British Columbia did stipulate that equality should be observed before and under the law this law was used to improve the general social treatment rendered to foreign residents of Canada. This enhanced the opinionated process that judicial activism is both good and necessary for the Canadian judicial independence (The Economist, 2014).
The case of reference remuneration of judges of the provincial court P.E.I Financial security was affably acquired from the ruling that every individual in the nation has the right to obtain a profitable salary/ wages. The plebeians all had the right to acquire financial security and thus enhanced the judicial independence of Canada through the security of tenure.
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