The role of the judiciary is to administer justice to all citizens and it comprises of courts that take decisions on a very large number of cases. Judicial independence is the keystone of Canadian judiciary. That is the reason, the judiciary is an independent from other branches of government, the executive and legislative. The main role of a judge is to interpret laws. Judicial independence means that, the other organs of the government must not restrain the functioning and should not interfere with its decision of the judiciary in such a way that is unable to do justice. Judges must be able to perform their duties without fear or favor. Judges play a crucial role in Canadian democracy and judiciary protects the rights of an individual.
The …show more content…
Most important aspect is that, judges make decisions in the pursuit of justice. Judges make sure both sides follow the rules for a fair trial. Criminal and civil cases are heard by a judge sitting without a jury. (Role of the Judge (n.d.)
According to judiciary in Canada, 2017, judges apply a common law after interpreting the objective and the application of both written statues passed by parliament and the provincial legislatures. If citizens are unhappy with the actions of government or a public body or feel their human rights violated, the courts can intervene. All laws apply equally to all citizens of the country and no one can be above the law. any crime or violation of law has a specific punishment as well as a process through which the guilt of the person has to be established.
According to Canadian judicial council, n.d, Judicial Independence is ensured by three things:
• Security of tenure – Once appointed, a judge must serve until the age of retirement.
• Financial security – Judges are paid enough so they are free of pressure from other institutions.
• Administrative independence – The chief justice in each province and territory decides how that court can manage the litigation process and which cases the judges will hear. (Canadian judicial council, …show more content…
Richard, Federal Court of Canada, 2000, public education has itself become an important part of a judge's office. It includes:
“First, the preservation of a free and democratic society necessitates that the role of the judiciary be the subject of a dynamic and ongoing discussion.
“Second, as noted by Ronald Dworkin in his book entitled "Law's Empire", judicial decisions affect a great many people. The Court has the power to overrule even the most deliberate and popular decisions of governments if it believes they are contrary to the Constitution”. (John d Richard, 2000). judiciary is not dependent on any government to make decisions and their primary aim is to protect all citizens based on law. It is for this reason that judges are placed on a separate branch under the constitution. The role of the courts as resolver of disputes, interpreter of the law and defender of the Constitution and the Charter, requires that they be separate in authority and function from all other participants in the justice
The …show more content…
Most important aspect is that, judges make decisions in the pursuit of justice. Judges make sure both sides follow the rules for a fair trial. Criminal and civil cases are heard by a judge sitting without a jury. (Role of the Judge (n.d.)
According to judiciary in Canada, 2017, judges apply a common law after interpreting the objective and the application of both written statues passed by parliament and the provincial legislatures. If citizens are unhappy with the actions of government or a public body or feel their human rights violated, the courts can intervene. All laws apply equally to all citizens of the country and no one can be above the law. any crime or violation of law has a specific punishment as well as a process through which the guilt of the person has to be established.
According to Canadian judicial council, n.d, Judicial Independence is ensured by three things:
• Security of tenure – Once appointed, a judge must serve until the age of retirement.
• Financial security – Judges are paid enough so they are free of pressure from other institutions.
• Administrative independence – The chief justice in each province and territory decides how that court can manage the litigation process and which cases the judges will hear. (Canadian judicial council, …show more content…
Richard, Federal Court of Canada, 2000, public education has itself become an important part of a judge's office. It includes:
“First, the preservation of a free and democratic society necessitates that the role of the judiciary be the subject of a dynamic and ongoing discussion.
“Second, as noted by Ronald Dworkin in his book entitled "Law's Empire", judicial decisions affect a great many people. The Court has the power to overrule even the most deliberate and popular decisions of governments if it believes they are contrary to the Constitution”. (John d Richard, 2000). judiciary is not dependent on any government to make decisions and their primary aim is to protect all citizens based on law. It is for this reason that judges are placed on a separate branch under the constitution. The role of the courts as resolver of disputes, interpreter of the law and defender of the Constitution and the Charter, requires that they be separate in authority and function from all other participants in the justice