Political Science 2230E Lecture Notes - Lecture 2: Canadian Judicial Council, Only Time, Life Tenure
8 Feb 2016
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Document Summary
The judiciaries job is to render formal, impartial, and authoritative judgment when a dispute cannot be resolved outside the court. Major distinction between law and politics: judges don"t make law, not supposed to craft public policy, politics makes policy and therefore laws. Judicial precedence: precedent set by a supreme court overrules and is binding, as soon as the government decides legislate in an area, Sets a binding precedent common law is overruled. Apply, interpret and enforce law: criticized notion considering the courts don"t make the law, some argue they do through judicial review. Judicial review: power of judiciary (judges) to declare laws passed by peoples representative to strike them down. Even go as far as give them the only wording they would accept. Only time court can act when case is brought to court. Argument that charter is functioning as super-constitutional (3. ) The judiciary is justice, and justice is blind .
