Judges has various roles and2 duties in the constitutional democracy of Canada. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. (Canadian Superior Courts Judges Association, n.d.). The Canadian Judiciary is an adversarial system of justice and the legal cases are challenged between opposing sides, which assures that evidences and legal disputes will be completely and forcefully presented. The judge, however, remains above the all these problems, providing a totally independent and unbias assessment of the facts and how the law can be implemented to these facts. The system is such that …show more content…
It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada (The Canadian Encyclopedia, n.d.). Talking about the qualities required by a judge, they are required to have the highest standards of integrity in both their professional and personal lives. They should be highly knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are fair and convincing. Their judgment should be clear, and they should be able to make informed decisions that will stand up to close scrutiny and issues arising from the disputes. Judges should be open-minded and fair, and should appear and represent themselves to be fair and open-minded. They should be good listeners but should be able, when required, to ask questions that get to the heart of the issue before the court. They should be respectful in the courtroom but strong whenever it is necessary to overpower a rambling lawyer, a disrespectful litigant or an ill-mannered …show more content…
Furthermore, the commissioner of Federal Judicial Affairs administers the advisory committees and they represent each province and territory, which examines the qualifications of the lawyers who apply for federal judicial positions. The law states that a candidate for a federal judiciary must have been a lawyer for a minimum of ten years and must be qualified and eligible to practice law in the respective jurisdiction the person has applied for. Judges to the provincial and territorial courts are appointed by the provincial and territorial governments respectively. The eligibility criteria for selection of judges to the judiciary panel are similar for the both provincial and territorial governments. All federally appointed judges are appointed by the Governor in Council. This consists of the Governor General acting on the advice of the Prime Minister for judges of the Supreme Court of Canada and chief and associate chief justices in the provinces; and on the advice of the Minister of Justice for all other superior court judges. (Justice.gc.ca,
For this institution Pittonia will draw inspiration from the Canada. Canada’s court system is comprised of four tiers; the provincial and territorial lower courts, the provincial and territorial superior courts, the appellate courts, both regional and federal, and the Canadian Supreme Court (“Canada’s Court System”). By using a method such as this Pittonia will ensure that all areas needing judicial guidance are overseen. Borrowing more from the Canadian system, and not another similar one, such as the American system, Pittonia’s courts are all unified, and the Supreme Court retains the final authority, unlike in the American system, where states can interpret state laws as they see fit. With such a diverse population, it is necessary in some areas to have strict uniformity, so that there can be no dissent with interpretations between regions.
This method of legal governance was created based upon the common law system that is used in England and in some areas of Scotland. This organizational hierarchy is considered bi-jurisdictional, which is a result of the public and private laws being separated into the jurisdictions of the Parliament and the individual Provinces. Regardless of which unit is governing, each legal system is responsible for upholding the laws written in the Canadian Constitution. The Canadian Parliament has sole control over the transportation and energy infrastructures of the country, no matter which Province they reside
Briefly describe the TWO different roles that courts play in Canada. The two different roles of Canadian courts are to make decisions on disputes and appeals or judicial review. The function of the court systems it to uphold the rule of law, resolve disputes, and test and enforce the laws in a fair and rational way. The court needs to be independent from the other aspects of the government, otherwise the decision can be influenced by the government and not based solely on the law and fact.
In the judicialization of the Canadian political system, the judicial system became hierarchical with the Supreme Court's jurisprudence binding on all other courts. The judicialization of Canadian politics began when the judiciary started producing landmark court rulings concerning various contest issues more frequently (Hunt, 2013). The Supreme Court achieved what national politicians trying to amend the constitution could not, acknowledgment and validation in protecting the Quebec society and its most important feature: the French language. It also entrenched the policies of the Official Languages (Articles 16-20, 23) and multiculturalism (Article
People suffer in the judicial branch due to a lack of knowledge and power that is being withheld. Many people are not aware of the issues that is happening within the branch which typically causes chaos and destruction. Each judge should possess exceptional qualifications of a judge and be free of political
The Honorable Ramona Salvarez Me: Hello Mrs. Salvarez my name is Daniel Fermin, and I wanted to know if I may ask some questions. Judge: Yes indeed Mr. Fermin you may go ahead.
A judge must meet many requirements before he/ she is able to judge in court. A judge must have a law degree, a Juris Doctorate, and a numerous amount of other tests and jobs before he/she becomes a judge. Comparing the requirements of a juror and judge, a judge is more qualified to make a fair
Our legal system allows judges to make important decisions on their own, which is a huge responsibility, and if it falls into the wrong hands, there could be severe
Parliament’s legislative branch of Government, with the three-part component, it is composed of the House of Commons, the Senate and the Queen (McTeer, 1995), who is represented by the Governor General in Canada (currently David Johnson) (G.G., 2015). These components of government serve more as a ceremonial role with such responsibilities as: “the installation of the Governor General; the Opening of Parliament; the Speech from the Throne, and Royal Assent ceremonies” (Parl. Library, 2011). The Governor General is appointed by the Prime Minister, who advises the Queen about who shall be appointed with a lengthy term of five years, which may eventually be extended (Parl. Library, 2011).
The Judicial Branch incorporates the Supreme Court, the most noteworthy court in the United States, as well as other government courts. The judges of the Supreme Court are selected by the president and must be endorsed by Senate. Federal cases, such as Marbury vs. Madison, made the Supreme Court "a separate branch of government on par with Congress and the" executive branch (McBride, 2007, P.1). The motivation behind this case was to affirm the power of the Supreme Court to survey law, to figure out if or not that law is sacred, and to set up the check and offsets. We see these techniques existing today in our nation, in light of the fact that every branch can check the other to keep one branch from turning out to be too intense from the others, as legal over official can pronounce official activities illegal, official over legal can select Supreme Court judges, Legislative over Judicial can change the size of government court framework and the quantity of Supreme Court judges, and so on.
Judges are also given the power to decide/figure out the realness/respect/truth
Judges of Texas are elected, all the way to the Supreme Courts. Starting with the lowest court the justice of the peace, the qualifications to become a judge a very simple. First officials must be a United States citizen, a resident of the state of Texas, and a resident of their district for at least one year and only 18 years of age. This may seem to be young but I met some 18-year-olds who are more mature than some 30-year-olds I have met. And as far as education goes they only have to go to the Texas justice Center chords training center in Austin Texas for two weeks.
However, in balancing those flaws with their benefits, America’s judge selection process is satisfactory. Having a mixed system helps to aid in checks and balances between the government and the voting power of the
The claim “Judges have far too much power in making laws in this country” I believe, is not true & not accurate. I believe that in most cases it is necessary for judges to have power over certain laws made in this country for a number of reasons. There are many instances where courts need to make laws, as the government can’t always be responsible for making new laws, as they don’t have the time & need to focus on more important issues. Courts are also known as the centre for fairness, justice & the home of law across the country since they were introduced into society. Whether you are settling a dispute, fighting a parking fine or appearing on trial for murder, the place that you will end up in is one of the many courts across our country.
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.