Judges translate and apply the law alongside

Judges play an important role in the
Canadian constitutional democracy. A state
that acknowledges the executive and legislative
powers, requires establishments to take control
when those powers are
exceeded. These organizations are
the courts. Mirroring this essential objective, the
Constitution of Canada, like those of most modern nations,
ensures the basic autonomy of the courts and the judges

To
influence a parliamentary framework under the lead of law
to work, a democracy requires unbiased, autonomous mediators, who can settle
issues in a genuine and unbiased manner. Judges decipher the law, survey the
proof exhibited, and control how hearings and trials unfold in their courts.
Most important of all, judges are fair chiefs in the quest for equity. The
judge, nonetheless, stays over the shred, giving a free and fair-minded
appraisal of the facts and how the law applies to those realities. The
judiciary needs to translate and apply the law alongside the constitution and
to give fair-minded mediations of debate between the state and people, amongst
people, and between various levels of government inside the state.

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Canada’s Court System

The Canadian judiciary consists of four levels of court.
Each type of court has its own

jurisdiction, which means that it has the authority to
decide specific types of cases:

Provincial and territorial
(lower) courts.
Provincial and territorial
courts of appeal.
The federal court system
The Supreme Court of
Canada

 In a democracy, the exercise of political power must
respect the law, the constitution, and the will of the people, through the
decisions of their elected legislative representatives.  This
requires that power be separated so that the head of government and his
ministers do not have the power to make the law or to interfere in court
cases.  In a democracy, the executive branch implements policies and
programs, administers the national budget, and conducts national
affairs.  It may also propose laws, but only the parliament may enact
legislation, including the budget.  Only the courts can decide the
guilt or innocence of individuals charged with a crime, and only the higher
courts can determine whether a law or a government action or policy is
constitutional.

In a democracy, the judiciary has four main
responsibilities. These includes formulating the rule of law through the
interpretation and application of law, settling disputes, checking legality and
being a player in state politics. To accomplish these four duties, the basic
principles of a liberal democratic state has to be upheld along with the principles
of a legal democracy and state.  The
judiciary protects the citizens should their duly elected representatives in
the legislature choose to undertake such actions that violate constitutional
rights of anyone in the society. Judiciary defends the citizens when such
violations occurs.

Unlike the legislative and executive branches, the judiciary
is not answerable to any elected representatives or the government. They can
make independent decisions and the other branches has no powers to question them.
The prime responsibility of the judges is to guard the constitution and to make
sure that any amendments made to it are not against the rights of citizen. This
is the basic reason judges and judiciary as a whole should be an independent
institution. The involvement of other branches of government in workings of the
court should be as limited as is possible. In instances where any rule is
deemed unsuitable, constitution also outlines the process of amending the
constitution.

As a democratic society, we have seen earth-shattering
changes in the relationship amongst people and the state. The judiciary has the
information and experience to make enormous commitments to the support and
proceeding with development of the democratic society. The part of the courts
as resolver of debate, translator of the law and protector of the Constitution,
requires that they be separate in authority and function from every single
participant in a democratic framework

The sanctioning of the Canadian Charter of Rights and
Freedoms in 1982 widely extended the power of the courts in Canada. With the
Charter in place, the courts could arbitrate not just upon the division of
powers between various levels of government, but additionally upon the
constitutionality and legality of laws established by Parliament and the
provincial lawmaking bodies.

In a democracy, the activity of political power must regard
the law, the constitution, and the will of the citizen, through the choices of
their elected representatives. This requires power be isolated, so the head
of government and his ministers don’t have the ability to make the law or to
interfere in court cases. In a democratic country like canada, the executive
branch implements laws and policies. It might likewise propose laws, however,
just the parliament may order enactment. Just the courts can decide the guilty
or innocence of people accused of a crime, and just the higher courts can
decide if a law or an administration activity or arrangement is in accordance
to the constitution

 

 

 

 

 

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