Ch. 5 Judicial Selection Flashcards Preview

Law & Society > Ch. 5 Judicial Selection > Flashcards

Flashcards in Ch. 5 Judicial Selection Deck (15):
1

Judicial appointment of both the provincial & federal levels are called

executive appointment

2

Confirmation Hearing

A meeting of elected representatives who review & then vote on whether a candidate nominated by the executive branch should be approved to fill a vacancy

3

Judicial Independence

The institutional relationship between the judiciary (collectively & as individual judges) & external actors, primarly in the executive & legislative branches. It is commonly held to entail security of tenure for judges, financial security, and some measure of administrative autonomy (docket control). It is protected in Canada by a host of constitutional, statutory, and regulatory provision

4

Judicial Accountability

The principle that judges should be accountable for their actions, both on & off the bench, which exist in tension with judicial indepence. This may include eaker forms of accountability, such as the need for transparency in rulings, or stronger forms of direct response to the public, other judges or non-judicial branches of government.

5

Why Candiate "a" is chosen for the bench (4)

1) Competence/Merit
2) Patronage
3) Ideology
4) Group Representation

6

Elaborate Group Representation (2)

1) Descriptive Representation
2) Substantive Representation

7

Elaborate Descriptive representation

A sitution where citizens see some who "looks like them" on the court. This is often used to describe one potential benefit of having women or minorities elected to legislatures or appointed to court.

8

Eloborate Substantive Representation

Representation of groups through the approach taken to issues or policies pursued by office holder. ex) The idea that females judges would approach issues differently & bring different influences to their decision-making0 that they would, in effect represent or "act for women"

9

Provincial executives can appoint

All S.92 provincial court judges

10

Federal executives can appoint

All S.101 fedeal judges
All S.96 Provincial superior court judge

11

Ontario Model & Nomination Committee

A committee that examines the application of judicial candiates & puts forward a shortlist of names from which the appointment goverment must choose.

LIMITS POLITICAL INFLUENCE
INCREASE DIVERSITY OF WOMAN

12

Define a screening committee

A committee that rates judicial candiates and ofrwards the list of candiates, and their ratings, to the appointing government.

13

Define a Nominating Committee:

A committee that examines the applications of judicial candiates and puts forward a short list of names from which the appointing government must choose.

14

Problem of the 1988 Reforms & Recent Changes to the Appointmen Process

1) Patronage
2) Screening - submitting " best list"

15

Make up of the Judiciary - Criteria of federal courts

1) Gender
2) Race
3)Ethnicity