The Canadian Judiciary Balancing Public and Private Spheres free essay sample

Focuses on explaining the Judiciarys role in Canadian society. This paper represents an attempt to identify the Canadian Judiciarys ability to balance the interests of the public and private spheres according to changing social and political attitudes, as well as an evaluation of internal characteristics of the judiciary and how they necessarily effect this balance. Without question the judiciarys role in protecting individual liberties is valuable, however there are certain elements involved in the judicial process that have made its role highly controversial. The undemocratic nature of the judiciary calls into question its merit in handing down activist decisions that see the judiciary competing with legislatures to form the laws of Canada. Similarly, the its undemocratic, unrepresentative nature creates suspicion as to whether the judiciary is interested in protecting the rights of the common man which is the underlying purpose of the Charter. Perhaps of greatest concern is the tremendous scope of interpretive power the legislature commonly leaves to the judiciary, through the formation of unspecific, inconclusive legislation. We will write a custom essay sample on The Canadian Judiciary: Balancing Public and Private Spheres or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page