Karen Eltis and Fabien Gelinas (University of Ottawa - Faculty of Law and McGill University) has posted Judicial Independence and the Politics of Depoliticization on SSRN. Here is the abstract:
The power and legitimacy of judges are anchored in the public's trust - the public's perception of and faith in their ability to decide impartially and disinterestedly, shielded from inappropriate external influences and political pressures. Accordingly, certain rules and understandings must be in place for the purpose of insulating the judiciary from politicization and protecting it from both the reality and the appearance of improper influence by government or disputants. These rules and understandings take multiple forms the most recognisable of which are the written provisions of the constitution, provincial and federal legislation, constitutional conventions and unwritten principle. The aim of this paper is to untangle the main strands of judicial independence as we find it in Canada, and to put the recent developments in the Supreme Court appointments process in the critical perspective of the normative uncertainties and political rhetoric surrounding change.
