POLS 3130 Lecture Notes - Lecture 6: Canadian Judicial Council, Supernumerary Judge, Judicial Independence

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Kate Puddister

Document Summary

Security of tenure: code of conduct and removal of judges. Rationale for judicial independence (cid:862)no (cid:373)a(cid:374) shall (cid:271)e a judge i(cid:374) his o(cid:449)(cid:374) (cid:272)ause(cid:863) Judges should impartial: should have no vested interest on the outcome of the case. Independence: relationship to other actors (i. e. elected officials) Justice must not only be done it must be seen to be done. Relational concept: formal institutional protection for judges: prevent incursions into the work of judges from other branches of government. Behavioural concept: behaviour of judges: does it display autonomous decision-making. Act of settlement 1701: judicial appointments are valid through good behaviour. Guaranteed by law in canada: constitutional, statutory and common law. Mandatory retirement that applies to all judges the same: option to work as a supernumerary judge in provincial lower courts. Specific and clear guidelines for dealing with incapacity, misconduct and incompetence.