POLI 101 Lecture Notes - Lecture 20: Canadian Judicial Council

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Incentive to be fair: not unlimited, adversial character. Judges as referees: political neutrality, appeal, not retrying all the evidence, repellence: present mistake, and make an argument that the previous judge made a mistake. If the mistake stands, then the case is taken back down to the original court: way in which the judges rule, or whether they made a mistake in applying the law. Independent of the executive: security of tenure. If they rule in a particular way, its not going to affect their career prospect: all, salaries fixed by law, serve on (cid:858)good behavior(cid:859) until 75, removable, but with difficulty.

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