Political Science 3331F/G Chapter Notes - Chapter 11: Judicial Independence, Judicial Restraint, Judicial Activism
5 Apr 2017
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Document Summary
Chapter 11 courts, policy making, judicial impact. Potential to create law is greater in constitutional cases but evident elsewhere. Adjudication-of-disputes model emphasizes judicial development of law should be limited and incremental, based on existing legal principles. Policy-making model is more comfortable with judges making decisions on promoting fairness, balancing interests, keeping law in tune with the times. Legislation has become most important source of legal rule in canada and other advanced nations accelerated growth of legislation and regulations. Court ruled that negligently firing a gun at a target was not a clearly seen risk. In some areas, legislators leave room for judicial discrepancy intentionally. If a legislative body does not agree with policy created by judges in non- constitutional decision, it can pass new laws to usher in preferred rules. Moore v. bc moore had a serious learning disability but the school had to offer less services amid provincial cutbacks inhibiting his progress in reading and writing.
