SE 22 Flashcards
(6 cards)
Rule of Law
Expresses the principle that all
people are e___l under the law
Required to provide i________l control
of the use of power by the state.
Rule of Law
Expresses the principle that all
people are equal under the law
Required to provide impartial control
of the use of power by the state.
Rule of Law
Guards against a\_\_\_\_\_\_\_y governance Because the rule of law is needed to control the powers of the state, there must be a separation among those who make the law, those who interpret and apply it, and those who enforce it
Rule of Law
Guards against arbitrary governance Because the rule of law is needed to control the powers of the state, there must be a separation among those who make the law, those who interpret and apply it, and those who enforce it
Rule of Law
According to the Supreme Court of Canada
1. law “is s______e over the acts of both government and private persons”;
“an actual order of positive laws which preserves and embodies the more general principle of normative order” must be created and maintained; and
“the relationship between the state and the individual must be regulated by law
Rule of Law
According to the Supreme Court of Canada
1. law “is supreme over the acts of both government and private persons”;
“an actual order of positive laws which preserves and embodies the more
general principle of normative order” must be created and maintained; and
“the relationship between the state and the individual must be regulated by
law
Charter of Rights & Freedoms 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Charter of Rights & Freedoms 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Judicial Independence
Judicial independence is a cornerstone of the Canadian judicial system. That is why, under the Constitution, the judiciary is separate from and independent of the
other two branches of government, the executive and legislature. Judicial independence guarantees that judges will be able to make decisions free of
influence and based solely on fact and law.
3 Components
1. Security of t____e
2. Financial S______y
3. Administrative i__________e
Judicial Independence
Judicial independence is a cornerstone of the Canadian judicial system. That is why, under the Constitution, the judiciary is separate from and independent of the
other two branches of government, the executive and legislature. Judicial independence guarantees that judges will be able to make decisions free of
influence and based solely on fact and law.
3 Components
1. Security of tenure
2. Financial Security
3. Administrative independence
Supreme Court of Canada
Consists of 9 Judges, 3 of which
must come from the Quebec Bar
• A\_\_\_\_\_\_\_d by the G\_\_\_\_\_\_\_r General, on the advice of the Federal C\_\_\_\_\_\_t Supreme Court Justices hold office until the age of 75 Chief Justice Beverly McLachlin
Supreme Court of Canada
Consists of 9 Judges, 3 of which
must come from the Quebec Bar
• Appointed by the Governor General, on the advice of the Federal Cabinet Supreme Court Justices hold office until the age of 75 Chief Justice Beverly McLachlin
