Indipendenza senza autonomia. I delicati rapporti fra potere esecutivo e giudiziario in Canada

Independence without autonomy. The delicate relationship between government and judiciary

Abstract

The article illustrates the regulation of judges in Canada where a pivotal role is played by the Government. The question is if executive power can significantly influence the adjudication process or if judicial power is exercised in a non-political, objective and neutral manner. The Canadian judges are subject to a complex and convoluted combination of regulatory mechanisms, which can sometimes be external, internal or co-shared with the Government. Besides, it’s worth mentioning the fact that the sources of regulation have constitutional and legal force as well can derive from case-law or can be soft law.