Papers on "The Canadian Judiciary: Balancing Public and Private Spheres" and similar term paper topics

Paper #003246 :: The Canadian Judiciary: Balancing Public and Private Spheres
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Focuses on explaining the Judiciary's role in Canadian society.

Written in 2001; 3,090 words; 11 sources; $ 90.95

Paper Summary:

This paper represents an attempt to identify the Canadian Judiciary's ability to balance the interests of the public and private sphere's according to changing social and political attitudes, as well as an evaluation of internal characteristics of the judiciary and how they necessarily effect this balance.

From the Paper:

"Without question the judiciary's role in protecting individual liberties is valuable, however there are certain elements involved in the judicial process that have made its role highly controversial. The undemocratic nature of the judiciary calls into question its merit in handing down "activist" decisions that see the judiciary competing with legislatures to form the laws of Canada. Similarly, the its undemocratic, unrepresentative nature creates suspicion as to whether the judiciary is interested in protecting the rights of the common man which is the underlying purpose of the Charter. Perhaps of greatest concern is the tremendous scope of interpretive power the legislature commonly leaves to the judiciary, through the formation of unspecific, inconclusive legislation."

Tags: canada constitutional judiciary law liberties Mill hierarchy supreme court privileges responsibilities obligations private public rights sphere charter theory

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