POLS 3130 Lecture Notes - Lecture 3: Louise Charron, Osgoode Hall Law School, Irwin Cotler
1 Apr 2014
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Document Summary
Judicial recruitment, selection and independence: method of selection must be linked to purpose of judges. Adjudicator or policy maker, what approach should judges have: how do we select judges / how should we select judges. Appointed by order of council, ag and pm. Legal excellence best individuals, most experience, are their rulings good with supporting reasons. Politics or professionalism: the political influences on judicial selection are often seen as inappropriate. Usually taking politics to mean partisan (problem of patronage), canada looks at it as corruption. But warren selection for cj of ussc is a notable counter example (miranda, desegregation) It may not be as harmful to judicial independence as we think: non-partisan political influences. Ideology: most selection happens behind closed doors, deal with the outcome. Lower number of female senior partners which is reflected in the unbalance present today. A rough comparative continuum: france civil system professional model.
