Judicial Independence in Context

Overview

Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada’s controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.

Table of Contents

Foreword: The Challenges of Judicial Independence
Justice Richard J. Goldstone
Introduction: Judicial Independence in Context
Adam Dodek & Lorne Sossin

PART I: THE LEGACY OF THE PROVINCIAL JUDGES REFERENCE
1 The Bad Idea of Unwritten Constitutional Principles: Protecting Judicial Salaries
Peter W. Hogg
2 The Case for Dialogue in the Judicial Remuneration Process
Lori Sterling & Sean Hanley
3 Between the Judiciary and the Executive: The Elusive Search for a Credible and Effective Dispute-Resolution Mechanism
Lorne Sossin

PART II: IN NEED OF BROADER REFORMS? — APPOINTMENTS AND COURT ADMINISTRATION
4 “Be Careful What You Wish For”: Administrative Independence and Alternative Models of Court Administration — The New Frontier
Graeme G. Mitchell, Q.C.
5 Should They All Just Get Along? — Judicial Ideology, Collegiality, and Appointments to the Supreme Court of Canada
Benjamin Alarie & Andrew Green
6 Promotion of Federally Appointed Judges and Appointment of Chief Justices: The Unfinished Agenda
Jacob Ziegel

PART III: CONCEPTUAL AND PRACTICAL CHALLENGES TO JUDICIAL INDEPENDENCE
7 Reflections: On Judicial Diversity and Judicial Independence
Sonia Lawrence
8 Contradictory or Complementary?_ Reconciling Judicial Independence with Judicial Social Context Education
Rosemary Cairns Way
9 The Significance of Public Pressure on Judicial Independence
Patricia Hughes
10 Judicial Independence as a Public Policy Instrument
Adam M. Dodek
11 The Impact of Technology on Courts and Judicial Ethics: An Overview
Karen Eltis

PART IV: INTERNATIONAL PERSPECTIVES
12 Defending Judicial Independence in the British Constitution
Graham Gee
13 Judicial Independence and Impartiality in the United States?—Complexities and a Sometime Thing
Jameson W. Doig
14 Judicial Non-Dependence: Operational Closure, Cognitive Openness, and the Underlying Rationale of the Provincial Judges Reference—The Israeli Perspective
Amnon Reichman
15 The Judiciary in South Africa: Independence or Illusion?
Penelope Andrews
16 Independence and Impartiality in International Adjudication
Fabien Gélinas

PART V: REFLECTIONS, NARRATIVES, AND CAUTIONARY TALES
17 Further Reflections on A Place Apart: Judicial Independence and Accountability in Canada
Martin L. Friedland
18 The Media and Judicial Independence
John Honderich
19 Crisis in Pakistan
Justice Robert J. Sharpe & Michelle Bradfield
20 Going Too Far, Too Fast: Judicial Independence and Political Judgment
Janice Gross Stein
Conclusion: A General Theory of Judicial Independence Revisited
Peter H. Russell
Afterword: Judicial Independence in Canada—The Evolution Continues
Justice Brian W. Lennox