Selecting the Judges of the Supreme Court of Canada


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Essay #: 064113
Total text length is 6,287 characters (approximately 4.3 pages).

Excerpts from the Paper

The beginning:
Selecting the Judges of the Supreme Court of Canada
In order to determine the necessary qualities of the Judges of the Supreme Court of Canada, it is at first required to determine what their job truly is. According to Horner (2007), the Canadian Supreme Court’s role is to act as the arbiter of the Constitution and to ensure that it is served by both the federal and the provincial governments. This includes, since 1982, the application of the Charter of Rights and Freedoms. This means that the qualities of Judges must reflect the needs of Canadians as represented by the Charter and the Constitution as a whole. This essay will examine the key principles in these documents and make specific recommendations for the necessary qualities of the...
The end:
..... to discern rules of grammar in the rushing stream of a living language, it is doubtful how far they can ever capture its inner dynamics, much less give any sense of its fluidity and subtlety” (p. 579). Likewise, the nature of law must be fluid and adaptable to change in interpretation of the normative structure of Canadian society.
While there are many additional qualities necessary for judging at the Supreme Court level, such as intelligence, life experience and compassion, these are the three fundamental qualities that will best serve the interests of the Canadian public.
Horner, J. (2007). Canadian Law and the Canadian Legal System. Toronto: Pearson.
Slattery, B. (1997). Law’s Meaning. Osgoode Hall Law Journal, 34.3, 553-581.