Judicial activism in Canada
- Judicial activism in Canada
Judicial Activism is said to be the overreaching or incorrect interpretation of the law, which are thought by critics to be a misuse of the power of interpretation of the law by a judge or judges for political or personal reasons.
Overview
Judges in Canada are given the power to interpret law passed down from the legislature, discretionary power to resolve disputes, and the power to use common law and accepted judicial policy to render judgement. By the principle of separation of powers, a strong tradition in Canada and accepted practice, judges should respect the role of the legislature to create law. Judges are also charged to impartially apply the law as it is written.
Canada has a legal system that is derived from British system of common law (and the French system in the province of Quebec). Canadian Courts have a structure that relies more heavily on the discretion of its judges, policy and common law to create a workable body of law. Thus Canada's legal system may have more potential for conflicts with regards to the accusation of than the judicial activism, as compared to the United States.
The Supreme Court Justice of Canada stated that:
:"the charge of judicial activism may be understood as saying that judges are pursuing a particular political agenda, that they are allowing their political views to determine the outcome of cases before them. ... It is a serious matter to suggest that any branch of government is deliberately acting in a manner that is inconsistent with its constitutional role." [http://www.scc-csc.gc.ca/aboutcourt/judges/speeches/DemocraticRoles_e.asp]
Such accusations often arise in response to rulings involving the Canadian Charter of Rights and Freedoms. Specifically, rulings that have favored the extension of gay rights, have prompted accusations of judicial activism. Justice Rosalie Abella is a particularly common target of those who perceive activism on the Supreme Court of Canada bench.
The recent judgment "Chaoulli v Quebec" [2005] 1 R.C.S. which declared inconstitutional the prohibition of private healthcare insurance, and challenged the principle of Canadian universal health care in Quebec was deemed by many as a prominent example of judicial activism. The judgment was written by Justice Deschamps with a tight majority of 4 against 3.
Popular Books
*James B. Kelly, July 30, 2006. " [http://www.amazon.com/gp/product/0774812125 Governing With the Charter: Legislative And Judicial Activism And Framer's Intent (Law and Society Series)] " (UBC Press Publishers), 336pp. ISBN 0-7748-1212-5
*Rory Leishman, May 2006. " [http://www.amazon.com/gp/product/0773530541 Against Judicial Activism: The Decline of Freedom And Democracy in Canada] " (McGill-Queen's University Press Publishers), 310pp. ISBN 0-7735-3054-1
Wikimedia Foundation.
2010.
Look at other dictionaries:
Judicial activism — is a pejorative term for the misuse of judicial power and is a neologism for the older classical term board judicial review . The most common connotation is subjective, in which the speaker condemns judicial decisions that, in the view of the… … Wikipedia
Judicial tyranny — The term Judicial tyranny is also political epithet often used to describe the actions of unelected judges whose rulings unlawfully validate or invalidate the policy decisions made by elected officials, unlawfully sustain or overrule enacted… … Wikipedia
cañada — /keuhn yah deuh, yad euh/, n. Chiefly Western U.S. 1. a dry riverbed. 2. a small, deep canyon. [1840 50; < Sp, equiv. to cañ(a) CANE + ada n. suffix] * * * Canada Introduction Canada Background: A land of vast distances and rich natural resources … Universalium
Canada — /kan euh deuh/, n. a nation in N North America: a member of the Commonwealth of Nations. 29,123,194; 3,690,410 sq. mi. (9,558,160 sq. km). Cap.: Ottawa. * * * Canada Introduction Canada Background: A land of vast distances and rich natural… … Universalium
Court system of Canada — Canadian court system (Source Canadian Department of Justice) The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are… … Wikipedia
Timeline of official languages policy in Canada — Because the country contains two major language groups, in Canada Official languages policy has always been an important and high profile area of public policy. In an exhaustive 1971 study of Canadian language law prepared for the Royal… … Wikipedia
Women's rights in Canada — The history of women s rights in Canada has been a gradual struggle aimed at establishing equal rights. Women ruled legally to be persons In 1927, five women from Alberta petitioned the Supreme Court to decide whether women were included in the… … Wikipedia
Christian Heritage Party of Canada candidates, multiple elections — The following article is a list of people who have contested several elections for the Christian Heritage Party of Canada, but whose personal biography is otherwise too short to merit a separate article. It eliminates redundant references under… … Wikipedia
Great Depression in Canada — Canada was hit hard by the Great Depression. Between 1929 and 1933, the gross national product dropped 40% (compared to 37% in the US). Unemployment reached 27% at the depth of the Depression in 1933. Many businesses closed, as corporate profits… … Wikipedia
Alan Cairns — Hugh Alan Craig Cairns (born 1930) is a Canadian retired political science professor.Born in Galt (now part of Cambridge, Ontario), he received a B.A. in 1953 and a M.A. degree in 1957 from the University of Toronto. In 1963, he received a D.… … Wikipedia
