Boiling Points And Democracy Arguments For And Against Puplib Judicial Nomination

928 words - 4 pages

Boiling Points and DemocracyAs Election Day draws nearer and the future of Canada seems rolled into a tiny ball, seemingly a custom fit, for whoever is fortunate enough to be designated the next great sculptor of an ideologically torn country, the nation, once again, finds itself puzzled over how to take the next substantial step towards an ideal democracy. Coincidentally, two great philosophers emerge, both of whom concede to have the precise remedy. Enter Paul Martin and Stephen Harper, the two supreme intellects to materialize from months of debate over how to solve Canada's approach to a lagging democratic process. However, they both seem to have reached similar dénouements while following dissimilar plot lines. Henceforth, to free the obstruction in our democratic process we must adapt a form of public parliamentary hearings to dissect the specimens nominated by the Prime Minister to the Supreme Court of Canada. The dissimilarity is in their proposed approach.Stephen Harper, leader of the Canadian Conservative Party, and critic of Supreme Court judiciary, has flaunted his desire for scrutiny of the final court of appeal in the nation. Harper contends that Supreme Court judges have acted unconstitutionally, specifically by reading "sexual orientation" into section 15 of the Charter of Rights and Freedoms, accomplished, he claims, because Jean Chrétien had appointed judges who were advocates for gay rights. In essence, Harper asserts the Supreme Court has been resolving too many political disputes. The Conservative leader would also fancy a parliamentary committee content on using the notwithstanding clause to take precedence away from Supreme Court constitutional judgments. A resolution, according to Harper, would be to hold parliamentary hearings on Supreme Court nominees. Likewise, Paul Martin, successor to Jean Chrétien and new Prime Minister of Canada, has pledged to formulate a tactic to involve parliament in the appointment process of Supreme Court judges. Martin's Liberal proposal is a form of mutual satisfaction. Acknowledging that some secrecy needs to be amputated from the limbs of the selection process, although protecting appointed judges from questioning by the House of Commons is also a necessity. An ad hoc resolution, according to the Liberal leader, would be to institute an advisory committee consisting of MP's, judges, lawyers, provincial representatives and the public to make recommendations on appointments. Arguably, Harper's theories of judicial process are a combination of the rigid declaratory model and Paul Weiler's adjudication of disputes model. Contrary to Harper's theories, Martin has the tinge of a legal realist coinciding with a Weiler judicial policy-maker model.Harper has accused the Supreme Court judiciary of being unconstitutional for many of the same reasons a follower of the declaratory model would contend that judges are neither representative nor responsible to the citizenry; he...

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