Chapter 7 - The Justice System Flashcards
What is the difference between Justice and Judicial System?
The judicial system is composed of judges for the SCC, federal courts, provincial courts. In the justice system we have police, prisons, rehabilitation, law enforcement, as well as the judicial system.
What are the major components of the Justice system?
(Principles of Canadian Justice)
- Rule of law
- The rule of judicial impartiality
- The rule of judicial independence
Habeas corpus
The right not to be detained without cause or due process.
Judicial Impartiality
The principle by which judges decide cases based on evidence and an objective interpretation of the law.
Judicial Independence
The principle by which judges are free from political interference when deciding cases.
Public Law
Rules governing individuals’ relationships to the state and society.
Private Law
Rules governing the relationships among citizens and organizations.
Two different Systems: Civil Law and Common-law
Common-Law System
A legal order based on customs, usage, and precedent.
Civil-Law System
A legal order based on written code.
Minister of Justice
The member of the government responsible for the administration of the justice system within a given jurisdiction.
Attorney General
A cabinet member and the highest ranking elected legal officer in a jurisdiction.
Solicitor General
A cabinet member typically responsible for the penal and policing aspects of the justice system.
Judicial Review
The authority of the courts to adjudicate matters of constitutional law.
Constitutional Law
The branch of public law dealing with the authority of the state,
Reference Cases
Proceedings initiated by governments asking for the court’s opinion on the constitutionality of legislation.
Administrative Law
The branch of public law involving the review of government decisions and disputes between citizens and state agencies.
Administrative Tribunals
Quasi-judicial bodies empowered to decided administrative law cases and whose decisions may be appealed to the court system.
Three Major Functions of the Courts
Guardianship over the legal system and order through judicial review.
Adjudication of disputes between Canadians, their governments, their businesses, and other organizations through court cases.
The guidance of our democratic system through commissions of inquiry.
Criminal Law
Body of statutory rules governing misconduct affecting not only the victims, but society as a whole.
Restorative Justice
Drawn from Aboriginal traditions, a set of principles that emphasizes repairing relationships between criminal offenders, their victims, and the community.
Civil Law
The body of rules governing disputes between or among private parties.
Commission of Inquiry
An independent body of experts created by a government to investigate an issue of great importance.
Correctional System
The network of community-based and institutional programs designed to detain, rehabilitate, and deter those involved in illegal activity.
Two Major Components of Justice System
Law enforcement, correctional system
