Judicial independence assures that judges will have the capacity to make laws and settle on choices free of impact and in light of the law. Judges play a crucial role in Canadian democracy. The judicial branch of government constitutes the court system of Canada formally known as "the Queen on the Bench”, and is made up of many courts. It differs in levels based on legal superiority and is separated by jurisdiction. There are federal court as well as provincial or municipal courts.
It is also very important because it allows the supreme court of the country to check the decisions of the lower courts of the country and it also helps to check on the legislative and the executive branch of the government. The most important thing that judicial review do is the protection of the rights of the individuals and it create a balance between the powers of the government and maintain equality to every person. If there is no judicial review then the system of civil liberties would be very different. Types of Decisions in Judicial Review The court can give three types of decisions after the judicial review is conducted and the decisions are as follows: 1. The law is unconstitutional.
The judicial branch of Canada has played one of the most unique roles in history due to their shaping of Canada. The decisions rendered by the Judicial Committee of the Privy Council (hereby referred to as the JCPC) and the Supreme Court of Canada impacted the values of Canadian citizens. These decisions were often contradictory and exposed the legal system as flawed, inflexible and stubborn. Throughout the decades the judiciary sought to maintain rules crafted by the Fathers of Confederation in 1867, rather than adopt more effective standards for judgement. The Canadian federal and provincial powers were broken into sections 91 and 92 in the British North America Act of 1867.
Technicalities are an issue that the world forgets again and again, because technically Canada is not an independent democracy. The Queen must sign off on every single piece of legislature that leaves Parliament, and since that would be impractical the Governor General represents the Queen and signs every bill. This means that without Royal ascent, no bill can become law in Canada. This is contradictory to the equality of other bodies of power. The very concept of democracy is contradictory to that of a monarchy, and technically Canada is still under the sovereignty of the
CANADA’S PARLIAMENT Canada’s Parliament, as conceived by the Fathers of Confederation in 1867, continues to be a vibrant example of democracy in action. In Parliament, our representatives examine the top issues of the day, decide on policies and laws, and hold the government accountable for its actions. Canada's parliamentary system is open and democratic. It offers the opportunity for people to give their input and it is designed to make sure proposals for laws are carefully considered. Canada’s Parliament consists of three parts: the Queen (our Head of State), represented by the Governor General; the appointed Senate; and the elected House of Commons.
3) In my opinion, I think the Canadian government should not obligate to intervene in other countries when the rights and freedoms of Canadians are infringed because they cannot interfere in current legal proceedings in other countries unless it is requested to do so by local authorities. The legal procedures may be different from the procedures in the Canadian legal system. If the person is involved in these proceedings, the person may face long delays in the effort to resolve their case. If the person’s international human rights are known to have been violated, the Government of Canada can try to put pressure on the foreign authorities to stand for their international human rights obligations and provide the person some protection. In addition, while having dual citizenship is
The importance of the independence of the judiciary is much like the relationship between law and religion, morality and justice – it is subjective. The concept of judicial independence states that the arm of government known as the judiciary must be separated from the other two arms of government, namely the legislature and the executive. More so, the South African law articulates that the judiciary should not be affected by any external interference from any person or institution. The importance of this concept is greatly criticised by many jurists as well as various politicians. In order to discuss the importance of the independence of the judiciary; the relationship between the concept of judicial independence in terms of – Section 165 of the Constitution and the doctrine of the separation of powers should be analysed within the context of the rule of law.
Over the years, our Canadian criminal justice system has maintained an unbiased justice and takes pride on the framework that is constructed by the rule of law. This system values the principles, rituals, and customs, to seek truthfulness. A prime feature of this justice system is law enforcement. It contains principles that were instilled decades ago in which; societal stability was considered to be the utmost valuable. Social stability can be explained as a system that operates systematically.
According to the rule of law, courts are better protector of individual liberty. Courts adjudicate dispute and exercise check and balance on the executive. Hence, judiciary independence is the heart of democratic system which earns the confidence of public. While there lacks a written constitution safeguarding judicial independence, the court is protected by various ways such as statute , parliamentary protection and common law. The maxim nemo Judex in causa sua state that no one shall be the judge of his own cause provides the rules against bias.