Harper's American Style Neo-Con Stance on Judicial Activism
My Letter to the Globe and Mail
Re: January 19, 2006 article:
"Harper Warns of Activist Judges"
I agree with Mr. Cotler who is quoted in this article as saying "it is irresponsible for a political leader to be impugning the independence and the integrity of the very institutions he should be protecting."
Up until now, the role of judges in Canadian society has not been an issue here. That is because most Canadians understand the concept of separation of powers and the essential role it plays in any democracy.
The one group who has conducted a strikingly similar, but much more ferocious barrage of attacks against judicial activism, are the conservatives in the United States. Their interest in the topic began at about the same time as the courts outlawed school segregation, against the better judgment of the legislature at the time. Thanks to the unrelenting concern of U.S. conservatives about judicial activism and other such issues, the Executive in the United States is enjoying greater power than ever before.
As they did in Brown v. Board of Education in the United States, the courts are often more forward-thinking than the politicians of the day who are mired in public opinion on matters that can affect the life, dignity and human rights of minority groups, but which are unpopular to the majority of voters. Sometimes judicial activism is necessary to prevent tyranny of the majority.
Any Canadians who have become concerned about the nominations process here, should take a look at the Ministry of Justice website which clearly sets out a new process instituted by Mr. Cotler in which all electoral parties are involved in choosing our Supreme Court judges on the basis of merit and length of service.
Above all, I find it interesting that Mr. Harper has decided that judicial activism suddenly has become an issue of utmost concern to Canadians. Let's leave public opinion wrangling where it belongs - in Texas.
If a politician hasn't shown his real cards until after the game is won, can he ever assert that he has any mandate whatsoever to make change?
Re: January 19, 2006 article:
"Harper Warns of Activist Judges"
I agree with Mr. Cotler who is quoted in this article as saying "it is irresponsible for a political leader to be impugning the independence and the integrity of the very institutions he should be protecting."
Up until now, the role of judges in Canadian society has not been an issue here. That is because most Canadians understand the concept of separation of powers and the essential role it plays in any democracy.
The one group who has conducted a strikingly similar, but much more ferocious barrage of attacks against judicial activism, are the conservatives in the United States. Their interest in the topic began at about the same time as the courts outlawed school segregation, against the better judgment of the legislature at the time. Thanks to the unrelenting concern of U.S. conservatives about judicial activism and other such issues, the Executive in the United States is enjoying greater power than ever before.
As they did in Brown v. Board of Education in the United States, the courts are often more forward-thinking than the politicians of the day who are mired in public opinion on matters that can affect the life, dignity and human rights of minority groups, but which are unpopular to the majority of voters. Sometimes judicial activism is necessary to prevent tyranny of the majority.
Any Canadians who have become concerned about the nominations process here, should take a look at the Ministry of Justice website which clearly sets out a new process instituted by Mr. Cotler in which all electoral parties are involved in choosing our Supreme Court judges on the basis of merit and length of service.
Above all, I find it interesting that Mr. Harper has decided that judicial activism suddenly has become an issue of utmost concern to Canadians. Let's leave public opinion wrangling where it belongs - in Texas.
If a politician hasn't shown his real cards until after the game is won, can he ever assert that he has any mandate whatsoever to make change?
posted by Annette | 8:08 p.m.
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