POLSCI 2D03 Chapter 8: The Judiciary
7 Apr 2018
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Malcolmson and myer states that the judiciary originally had only two functions; to adjudicate legal disputes between private individuals and to adjudicate cases of public law. The judiciary then developed and began acting as commissions of enquiry and reviewers of the constitution. I understand that it is usually because a case is brought before them that they assume this role, but my issue is that they may not have the authority to deal with these complex issues. Some countries, germany, italy and spain, for example, have separate constitutional courts to deal with issues of constitutionality. So i"m wondering if this might be a better system for canada also. I have previously expressed concerns about the independence of the governor general as, in practice, it is primarily the prime minister"s decision who to appoint as governor general.
