Legal And Ethical Analysis Of The Appointment Of Supreme Court Justices

1265 Words Feb 17th, 2016 null Page
A Legal and Ethical Analysis of the Appointment of Supreme Court Justices in the Constitution Act of 1867

The legal and ethical issues regarding the appointment of Supreme Court Justices will be examined within the context of the Constitution Act of 1867. The issue of Judicature (Section VII) in the Constitution defines the role of the governor General in the appointment of Supreme Court Justices under the guidance of the Queen’s government. In recent times, the Prime minister can provide “advice” for the Governor General in the choice of Supreme Court judges, yet the ethical issue of a democratic process in choosing these candidates increases the potential for political corruption. The legislature does not have the ability to prevent political motivated choices by the Prime Minister or the Governor General in terms of a non-biased judicial system. The ethical problem is related to corrupt judges and other aspects of biased executive power that limit the role of “checks and balances” in the Constitution. In essence, a legal and ethical analysis of the appointment of Supreme Court Justices will be analyzed within the context of the Constitution Act of 1867. In the Constitution Act of 1867, the appointment of Supreme Court Justices has always been administered by the Governor General, but at the pleasure of the Queen’s Privy Council For Canada. Of course, the historical power of the British government in terms of selecting an appointee has always been the primary legal…

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