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What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
In October 2015, the federal Liberals came to power with sweeping plans to revamp Canada's democratic and federal institutions - a modernizing agenda intended to revitalize Canada's democratic architecture. The centrepiece of the agenda was the replacement of Canada's first-past-the-post electoral system, but they also promised to revitalize relations with the provinces, bring Indigenous Peoples into the intergovernmental fold, and to change the ways in which senators and Supreme Court justices are appointed. How has the reform agenda faired? Has it resulted in a more effective and democratic set of political and federal institutions? Or has it largely failed to deliver on these objectives? What, more broadly, is the state of Canada's democratic and federal institutions? The Queen's Institute of Intergovernmental Relations used the occasion of Canada's 150th birthday to examine these pressing issues. The 2017 volume in the State of the Federation series focuses on enduring questions about the functioning of federalism and intergovernmental relations in Canada, including how we should evaluate the quality of Canada's institutions and practices in light of our federal structure, and how current institutional arrangements and their possible alternatives fare according to these criteria.
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
Reports in English of decisions of international courts and arbitrators and judgments of national courts.
Canada’s political structure runs contrary to North America’s economic geography and the north-south economic pull. Canada imported political and administrative institutions designed for a unitary state, and its political leaders have struggled to make them work since the country was founded. Because of this, many Canadians, their communities, and their regions view themselves as victims, to a greater degree than groups in other Western democracies do. Our federal government has shown a greater willingness to apologize for historical wrongs than other Western countries. Canada also outperforms other nations in helping victims make the transition to full participants in the country’s political and economic life. Donald Savoie maintains that Canada continues to thrive despite the many shortcomings in its national political institutions and the tendency of Canadians to see themselves as victims, and that our history and these shortcomings have taught us the art of compromise. Canada’s constitution and its political institutions amplify rather than attenuate victimization; however, they have also enabled Canadians to manage the issue better than other countries. Canadians also recognize that the alternative to Canada is worse, and this more than anything else continues to strengthen national unity. Drawing on his extensive experience in academe and as an advisor to governments, Savoie provides new insights into how Canada works for Canadians.
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
The extension to other Realms of the reserve power to refuse a dissolution