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Through a series of landmark decisions, the Justices of the Marshall Court affirmed the judicial independence of the federal courts, the authority of the Supreme Court, and ensured that the Judicial Branch was an equal branch of the federal government.
What is the legal test for whether a plaintiff can bring an application for judicial review of their claim? (Alberta, Canada) In what circumstances will independent counsel refuse to finance a joint venture?
Ten years ago, we talked about where the remark-able Charter jurisprudence would go and how far it would go. Today, more and more the public debate focuses on the judges themselves. Nothing could have a greater effect on constitutional law than changes to the independence of the judiciary.
May 11, 2001 · In Canada, the British North America Act, 1867 (now the Constitution Act) confirmed for the new Confederation the judicial independence introduced in earlier decades. The Canadian Constitution contains no resounding declarations of judicial independence.
The year 1997 saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges.
CountryHigh Court Independence Index For 2021 ...-2.3170.655-1.353-0.294The principle of judicial independence is also essential to the functioning and structure of the Constitution, given the role the courts are called upon to play in policing the constitutional limits of legislative power and administrative action.
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Oct 19, 2024 · Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess.
