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Alberta Law Review. Volume 42, No. 3 (2005), p. 607-633.




Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has the final say in interpreting and implementing the rules or fees of the court. This creates an unavoidable conflict between the government and the judiciary.

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