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There is a lot of talk these days about the role of judge especially in constitutional democracy.Basicaly the arguments is on the appropriate role of judge  and role of politician in constitutional democracy, who is having more role and power. Some people are of the opinion that  judges plays pivotal role in  the  constitutional democracy  while some others partially opposing the idea. This essay however examine both sides of this argument and try to reach a conclusion.

Judges plays an important role in constitution as they are the vital link between  judiciary and  the independent societies.  They ensure democracy  in the system of governance of the country.

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The federal government can legislate and pass the law’s with  in its power under the sections and Charter, even though judges are necessary part for the fulfilment  of the law. I think that is the main and unique role in the Canadian constitutional democracy.

Judges are highly regarded for the interpretation of the law, access the  evidence presented and control  how hearing and trials in their court rooms. They are the decision makers in the pursuit of justice. They have to ensure the legal requirements  and evidence for the cases and they  are meant to be  provide an independent and impartial assessment of the facts.

For the smooth and proper court operations, judges mainly emphasise on cases and interpreting laws to fit the circumstances. Judges are concerned about the  social consequences of their decisions but in Canada the law  provide judicial independence  and the right to  impartial and independent  judging. Judges do not have to worry about something they say or do while carrying out their duties


The role of judge in legal cases has 2 sides whether it is strictly judiciary or not?

Judges are the pillars of the  judicial system and they must be knowledgeable and very clear minded. They ensure the stability and accountability in constitutional democracy to provide accurate justice, they are the pillar stone that upholding the constitution and democracy, they  need to encounter  different and difficult styles  of cases.

For example they  need to settle issues relate to electoral process and conflicts between citizens, they need to  protect charter of rights.  So undoubtedly courts have the power to produce the fundamental independence. The  adoption of charter of rights  and freedom in 1982 has a greater role in the power of judge.

The primary and important task of a judge is that to counter the issues fairly well and impartially on the  basis of laws even though in constitutional democracy all the decision making power is limited by definition.

In contrast some people are of the opinion that decision making rights is mainly focus on the political  agenda  and politicians.  The reason for  them is the potential of politicians to influence maximum number of people. In their perspective  politicians have the power to handle contentious issues. In their perspective  judges have limited access  to constitutional democracy as judges must be give reasons for their  decisions and all judicial decision must be appealable in higher courts.

Some people are of the opinion such as judges are more and more  acting as  legislatures. In their opinion  drafting, debating and passing laws are essentially political activities by contrast the courts and judges are the interpreters of the law and constitution.

The purpose and functions are different, the aim of the legislative role to draft and passing  the law is to create laws that will best serve the people. The judicial role to interpret the laws that put place by legislatures

The interpretation breaks down to various  sub activities  such as applying laws to complex situations, determine  whether  challenged laws are  constitutional or not.

In other terms judging is a high level, specialized, intellectual work that shaping and nurturing the Democratic system. The main difference between the politicians and judges are, politicians  work on the basics of political agenda and the judges work focus on  the law and apply their skills and  intellectual ability to the law as constitution requires.

Judges cannot discharge their interpretative role impartially  if they are captives of a  particular constituency.  So, we must think how they should appointed.  Judges must be independent of other social institutions  including legislative and the  executive branch of the  government.

The concept of  judicial independence  rests on the essential separation between  judges and politicians. In my opinion  judges must have the values or qualities like impartiality,  empathy and wisdom. In Canada it meets the highest standards

Let me urge that We need true independent and courageous judges.

Judges as part of a larger process  by which we resolve social issues and work out accommodations, the process called democracy. The process is a complex one in which legislature and courts play  independent but complementary  roles. Judges have an important  role to play in maintaining  Canadian parliamentary democracy. Parliament  and provincial  legislature remain the dominant players  in shaping our society to its needs. ( Beverley maclachin)

…… A highly  controversial,   not relatively new argument is the appointment of judges. Personally my view  point lies in the middle ground as I am both  a proponent of the…… and an opponent of not  limiting…. In this paper I will be exploring…..

Is judge a politician?

That is a very curious thing to say you can have an independent judiciary but at the same time it must be accountable to the public

In my opinion  judges must be marked  by their technical skills

 Apart from the independent and impartial  decision making, judiciary was established to provide fair procedure and reconsideration, authoritative, enforceable  and decisive  results. Good governance need all  those factors.

Constitution is a written  document that establish the basic rights and  the freedom of the  citizen and outline how government should be structured. The Canadian  constitution is made up of two piece of legislation  such as constitution act 1867 and 1982. The basic rules for legal and political system that creates federal system of government with  a division of power ( constitution act 1867). 

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