POLS 1400 Chapter Notes - Chapter 24 & 17: Private Law, Canadian Judicial Council, Reference Question

• School: University of Guelph
• Department: Political Science
• Course: POLS 1400
• Professor: Nanita Mohan

Document Summary

Judiciary has always been associated with the rule adjudication function in the political system. Adjudication: interpreting the law in cases of dispute, of settling disputes by applying the la(cid:449) to the(cid:373), or of (cid:373)aki(cid:374)g a judge(cid:373)e(cid:374)t (cid:271)ased o(cid:374) the la(cid:449); (cid:862)pro(cid:448)idi(cid:374)g authoritati(cid:448)e settle(cid:373)e(cid:374)ts i(cid:374) disputes a(cid:271)out the la(cid:449)(cid:863) Judges engage in the authoritative resolution of legal disputes. Out-of-court settlement: when a legal dispute can be resolved without going to court or before going through the entire judicial process, can become some sort of personal or political compromise; Only when an issue cannot be deemed satisfactory on both sides is when formal adjudicatory process is pursued to the bitter end; The function of the judiciary is to render formal, impartial, authoritative judgements in the case of legal disputes between two parties that cannot be settled otherwise; This process generally relies on the adversarial system, with lawyers representing each side;