Appointment of Canadian Judges
There is something undemocratic about powerful courts exercising judicial review. Canadian judges are appointed to their positions without the consent and participation of Canadian citizens in the process. Judges are not elected, and therefore if they do something that the majority of the citizens do not like, they cannot be “de-elected”. Worse, the legal profession all together and the judges as an elite subprofession, even the appearance of a Court – professionals and officials wearing special costumes, a “bar” that laypeople are not allowed to cross, the use of honorific titles, people bowing as they enter and leave the courtroom – stands at disagreement with the leveling impartiality of democracy. But democracy is not just about majoritarianism; it is also about individual and minority rights, about limits to what even a large and powerful majority can do. From this perspective, there is a sense in which a strong and independent judiciary is democratic – not because the Courts are overly democratic in their organization or selection process (they are not), but because they are the mechanism which strictly uphold our individual rights (the Canadian Charter of Rights and Freedoms). The controversy is now held
Some topics in this essay:
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Approximate Word count = 2656
Approximate Pages = 11 (250 words per page double spaced)
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