Will the partnership
guarantee judicial independence, both generally and in relation to each individual case?
The Conférence des juges de paix magistrats du Québec and several presiding justices of the peace («PJPs») filed a motion to strike down provisions of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace («the Act») and the Courts of Justice Act on the ground the scheme established by the impugned provisions did not
guarantee judicial independence.
Not exact matches
What this yields is the proposition that the obligation on Member States in Article 19 TEU includes a
guarantee of
judicial independence.
Continue reading «A Union based on the rule of law beyond the scope of EU law — the
guarantees essential to
judicial independence in Associação Sindical dos Juízes Portugueses» →
To
guarantee the right to an independent and impartial judiciary, the law in Canada has constitutional protections or «essential conditions» that ensure
judicial independence.
«The present events seriously threaten the
judicial independence of the Boards of Appeal and by doing that call in question the
guarantee of an independent and impartial review of the European Office's decisions by a
judicial body.
EPLAW is of the opinion that -LSB-...]
judicial independence is
guaranteed only when the power to suspend or to remove a judge is with his peers, and not with an executive or administrative body.
Although Article III of the Constitution entrenches some protections for judges — the tenure and salary
guarantees that were already protected in Great Britain by the Act of Settlement 1701 — prof. Groves shows that much of the architecture of
judicial independence that observers of the American judiciary take for granted has no obvious foundation in the constitutional text.