POLS 3130 Study Guide - Final Guide: Assisted Suicide, Single Person, Legal Education
9 Dec 2016
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No man should be a judge in his own case . Impartial arbiter is essential for fundamental fairness: no relation with those associated to a case. Judges should be impartial: should have no vested interest on the outcome of case. Impartiality vs. independence: impartiality - subjective frame of mind, independence - relationship to other actors (elected officials) (more important) Justice must not be done, it must be seen to be done: fairness is fundamental to our justice system. Relational concept; formal institutional protection for judges: prevent incursions into the work of judges from other branches of government. Members cannot lobby a judge or call up mps - judges must avoid getting involved with public policy debates. Judiciary cannot comment on public policy and parliament should not exercise influence over the judiciary (two way street) Ways of ensuring judicial independence in canada: job security (security of tenure) Cannot fire a judge based on a decision they make.
