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.
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).