POLSCI 1AB3 Lecture Notes - Lecture 6: Habeas Corpus, Short S.27, Precedent
16 Aug 2018
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M+m"s (cid:862)four tasks(cid:863: adjudicating legal disputes between private parties, adjudicating cases in public law, judicial inquiries, judicial review of the constitution. Impartiality: right to appeal, adversial system, political neutrality. Salaries fixed by legislation: control over administration of courts. S. 96 (provincial/superior courts and courts of appeal: provincially run, federally appointed) S. 101 (federal court of canada, federal court of appeal, supreme court of canada) Supreme court: 1875/1933/1949, 9 judges, 3 trained in civil law drawn from the quebec bar (+3 ont, 2 west, 1 atlantic, with growth in importance of the scc, appointment processes become of greater interest. Stare decisis: required to respect any precedent endorsed by courts of authority superior to their own: despite being a federation, the courts, coupled with the centralization of the criminal law power, provide a unifying force. Is purpose and objective of the law a response to a (cid:862)pressi(cid:374)g a(cid:374)d su(cid:271)sta(cid:374)tial(cid:863) problem: 2.
