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Appointment, discipline and removal of judges in Canada

Martin L. Friedland-2011-08-11-Cambridge University Press eBooks
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TL;DRAbstract

I had not given much thought to judicial independence until I did a study for the Canadian Judicial Council in the mid-1990s on the subject. My report, A Place Apart: Judicial Independence and Accountability in Canada, examined a wide range of issues relating to judicial independence and accountability, including security of tenure, financial security, discipline, codes of conduct, administering the court system and appointments. Those topics were approached from a historical and comparative perspective. I will, of course, be drawing on that study, as well as several later articles, for this chapter on two important aspects of judicial independence: judicial selection and judicial conduct in Canada. First, some background.

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I had not given much thought to judicial independence until I did a study for the Canadian Judicial Council in the mid-1990s on the subject. My report, A Place Apart: Judicial Independence and Accountability in Canada, examined a wide range of issues relating to judicial independence and accountability, including security of tenure, financial security, discipline, codes of conduct, administering the court system and appointments. Those topics were approached from a historical and comparative perspective. I will, of course, be drawing on that study, as well as several later articles, for this chapter on two important aspects of judicial independence: judicial selection and judicial conduct in Canada. First, some background.

Keywords

Judicial independenceIndependence (probability theory)AccountabilityJudicial discretionPolitical scienceJudicial activismJudicial reviewLaw

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