Sentences with phrase «functioning judicial branch»

Not exact matches

Effective government, says our Constitution, must have a system of checks and balances, divided and, to some degree, autonomous branches with executive, legislative, and judicial functions.

Through public programs, contests and other events across the country, we will promote the importance of an independent and co-equal judicial branch as part of a well - functioning government.

In an interview with AdvocateDaily.com, Toronto criminal and constitutional lawyer Annamaria Enenajor says this ruling is the latest in a number of decisions that «reflect the reluctance of Canadian courts to permit the legislative branch of government to usurp core judicial functions.

Justice Karakatsanis draws distinctions between the functions of the legislative, executive and judicial branches (paras 27 - 31).

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

As I continue to emphasize, the administrative justice with which I am concerned includes only the exercise of judicial rights - determining functions by executive branch tribunals and their members.

The judicial tribunals on which this book focuses are the same executive branch organizations that, as noted above, were called «judicial tribunals» in the McRuer Report; the same organizations that, in 1990, Ed Ratushny's Report on the Independence of Federal Administrative Tribunals and Agencies described as «tribunals which are adjudicative» and for which it recommended the label «tribunal» be exclusively reserved; and the same organizations that in 1991 the late Chief Justice of Canada Antonio Lamer, in a keynote speech to the conference of the Council of Canadian Administrative Tribunals, referred to as bodies that are «created to operate essentially as adjudicators... in a manner that is similar to the function of the judiciary... [and] expected to dispense justice in the same sense as the courts of law.»

In that post, I suggested that our views on deference in judicial review are a function of our deeper beliefs on such principles as democracy and the Rule of Law, as well as on the institutional competence of the various branches of government, and that a coherent set of such beliefs could produce superficially inconsistent views about the degree of deference appropriate in various sorts of judicial review.

This is concerning because an impartial and independent judicial branch is key to a functioning democracy.