Protecting judicial independence is a constitutional imperative that requires striking a careful balance between safeguarding the role of judges and courts and permitting governments to carry out their constitutional responsibilities with respect to the administration of justice. On the one hand, public confidence in the administration of justice requires robust assurances that judges are sufficiently independent from the Executive and Legislature that they need not fear reprisals or expect rewards if they judge as the law requires without fear or favour. On the other hand, the elected branches of government are responsible to the people to ensure that judicial misconduct is dealt with appropriately, that justice is effectively administered, including through the “constitution, maintenance and organization” of courts, and that public finances are managed in a fair and responsible manner.
Hunter, Josh and Kraicer, Sarah.
"Keeping the Scale of Justice Balanced – Québec Justices of the Peace and Judicial Independence."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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