This shift is a reflection of
the changing role of the judiciary, and perhaps a reflection of the fact that our democracies are becoming more participatory, with citizens taking a more active interest in the way social policy is made.
Not exact matches
Keywords: climate
change litigation, climate policy, international law, separation
of powers,
role of judiciary, judicial authority, rule
of law, political question doctrine, science and law, politicization
of science, scientific consensus, scientism, science - based risk regulation
Although the above suggests a co-operative relationship between the courts and the law societies, and distinct
roles for each, it fails to acknowledge that both institutions are, in fact, regulating precisely the same area
of lawyer conduct (albeit for different ends) and that the
judiciary, beginning with Martin v. Gray in 1990, has inserted itself as a regulator in this area in an unprecedented fashion which has led to significant
changes in how conflict
of interests are regulated not only by the courts but also by law society rules.
Viewing these reforms in their historical context helps to highlight the
role that the
judiciary has played in both
changing the rules
of the game — for example, in eliminating bars on non-citizens in Andrews and interprovincial law firms in Black — and in setting the stage to prompt the legal profession to pursue their own reforms.