By Amanda Perreau-Saussine
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Additional info for AN OUTSIDER ON THE INSIDE: HART’S LIMITS ON JURISPRUDENCE
The possibility of economic manipulation also arises from changes to the salaries of judges as a class. 336. The fact that the potential for such manipulation exists, however, does not justify the imposition of judicial compensation commissions as a constitutional imperative. As noted above, s. 11(d) does not mandate “any particular legislative or constitutional formula”: Valente, supra, at p. 693. . This Court has repeatedly held that s. 11(d) requires only that courts exercising criminal jurisdiction be reasonably perceived as independent.
How coherent is the line between the two? What about the distinction between the fact and the perception of independence? Can one design systems to respond to these concerns? As one might imagine, the literature on these issues is vast. For a focus on the interaction among factors, see Vicki C. Jackson, Packages of Judicial Independence: The Selection and Tenure of Article III Judges, 95 Geo. J. 965 (2007); for discussion of the relationship of methods of selection and the longevity of service to legitimacy of courts in democracies, see Judith Resnik, Judicial Selection and Democratic Theory: Demand, Supply, and Life Tenure, 26 Cardozo L.
The SolicitorGeneral was not able to give any reason why that period had been selected. He suggested that it might have been due to the possibility of a drop in the number of temporary sheriffs who were needed. That suggestion lacks plausibility in view of the manifest expansion in the use of temporary sheriffs as the demands on the system as a whole have increased over the years. Rather than a control over numbers, the use of the one year term suggests a reservation of control over the tenure of office by the individual, enabling it to be brought to an end within a comparatively short period.
AN OUTSIDER ON THE INSIDE: HART’S LIMITS ON JURISPRUDENCE by Amanda Perreau-Saussine