The Judicial Branch. The court system functions independently of the executive and legislative branches – a check on possible abuses All judges have the.

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The Judicial Branch

The court system functions independently of the executive and legislative branches – a check on possible abuses All judges have the right of judicial review – the power to overturn (strike down) legislation that contravenes the constitution

Two views of the Judiciary: Judicial Restraint Judges take a low key view of their powers Interpret the law literally If changes to the laws are necessary, defer to the executive and legislative

Two views of the Judiciary: Judicial Activism Judges take a flexible view of their powers Willing to interpret the law in a way that it can be adapted to changing circumstances

Canada’s Supreme Court The highest court of appeal in the land Consists of 9 judges appointed by the PM – 3 from Quebec, 3 from Ontario, 2 from the West, 1 from the East Gives its interpretation of how the Charter of Rights and Freedoms is applied in Canada Settles jurisdictional disputes between federal and provincial government Often asked to rule on the principles of a bill before it is passed