JUDICIAL INDEPENDENCE: CONTEMPORARY PRESSURES AND APPROPRIATE RESPONSES
AbstractTraditionally judicial independence has been concerned primarily with threats from government. Today the threat from public criticism, the purpose of which is to undermine the authority or legitimacy of the judiciary, has become more significant. The author argues that this criticism can be related to constitutionally entrenched notions of citizenship since 1982 in a manner similar to the way in which the emergence of the principle of judicial independence three hundred years ago was related to the contemporaneous recognition of the "autonomous citizen. " The author also considers the importance of the Supreme Court of Canada's response to public challenge.
Download data is not yet available.