18 Questions
What is the main reason for the separation of powers in the judiciary according to Montesquieu?
To ensure judges do not have excessive political power
In Canada, why do judges wait for cases to be brought to them instead of addressing problems proactively?
To maintain impartiality and avoid bias
What role do parties play in court proceedings?
Adversaries
Why must a dispute be submitted to the court in the judicial system?
To ensure proper legal procedure
What is the primary purpose of case law in the legal system?
To provide guidance on interpreting laws
Why do judges have less 'political' power compared to the legislative and executive branches in Canada?
To ensure a fair balance of power
What is the purpose of the Reasonable Limits Clause as per the text?
To justify infringements of Charter rights in a democratic society
Which provision allows governments to temporarily override specific rights and freedoms according to the text?
Article 33
What is the main function of Judicial Challenge Programs based on the information provided?
To facilitate the legal challenge of laws that may infringe on Charter rights
How does the Charter recommend interpreting its provisions with regard to multiculturalism?
By interpreting it in a way that promotes multiculturalism
What does Article 24 of the Charter allow individuals to do?
Apply for a remedy if their Charter rights have been infringed
How can governments use the Notwithstanding Clause according to the text?
To override specific rights and freedoms under certain circumstances
What is the explicit requirement for judges of provincial superior courts and federal courts in Canada?
Being a member of a provincial Bar for at least 10 years.
Which level does the final appeal fall under in the Canadian judicial system?
Final appeal
What is the purpose of the reference procedure mentioned in the text?
To pose questions to the Supreme Court of Canada directly.
Who appoints judges to the lower courts and administrative tribunals in Canada?
Provincial governments
What is the main aim of protecting courts from legislative and governmental interventions according to the text?
To ensure fair and impartial decisions.
What is required for a trial to go through three levels of the Canadian judicial system?
Going through first instance, appellate, and final appeal.
Test your knowledge on the nature of the judiciary power as described by Montesquieu and the principle of the separation of powers. Understand the importance of keeping the judiciary separate from the legislative and executive branches.
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