Political Science 2230E Lecture Notes - Lecture 15: National Post, John Mcclung, Canadian Judicial Council
1 Mar 2017
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Document Summary
Render formal impartial and authoritative judgements to resolve disputes between two or more people/parties that otherwise cannot be settled. Judges settle disputes by interpretation the law and applying the laws of the law. According to liberal democratic theory judges interpret the law and apply the law: judges do not make the law. Where do laws come from laws in pieces of legislation (statutes), in written components. Liberal democratic theory laws enacted by officials. In liberal democratic theory the rule of the court is to apply interpret laws made by the state officials. Distinction between law and politics under significant attack: distinction does not apply courts make law, practice of judicial review. Judicial review in canada two primary areas: 1. Predates the charter - federalism cases, cases raising questions about our division of powers, courts have to decide what sphere of government legislation have authority to pass. Allowed the court to shape the parameters of federalism: 2.
