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There is a perception abroad in the land that, because some segments of the p
There is a perception abroad in the land that, because some segments of the p
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2023-12-20
18
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问题
There is a perception abroad in the land that, because some segments of the public are dissatisfied with the quality of some parts of our judicial system, that all segments are equally dissatisfied, and that skepticism seems to be increasing I find this appointing, but not surprising.
I am disappointed because I believe we have in Canada a highly professional well-educated, experienced, hardworking judiciary that is doing the very best it can in an increasingly difficult and sometimes hostile environment. We have case with incredible complexity, far more difficult that our predecessors had to deal with, and we have a troubled, sometimes worried public who have exaggerated expectations about the law and the legal system. In fact, some segments of the public seem to believe that judges and law can solve social problems. I doubt the correctness of that belief, at least as a general proposition.
In addition, while the judiciary has remained traditionally passive in the face of increasing criticism and litigation as a vehicle for the advancement of their causes. Attacking judges is often considered fair game for those who place them- selves firmly on the side of the angels, and outrage has become a common and effective debating technique. On the other hand, the traditional defenders of the judiciary, the bar, politicians and a doubting media have not only fallen silent, they have often joined in with uninformed responses to judicial decisions.
In this analysis, it is necessary to consider the role of the media. Apart from a few obviously partisan scribes and editorialists who have a viewpoint to exploit, most members of the media do their best, but they seem to prefer an exaggerated or controversial outburst to rational analysis. In fairness, however, it must be recognised that the media cannot usually cover the courts or judicial decisions adequately. They too have limited resources, and their unyielding deadlines often make it impossible for them to read reasons for judgment before filing their stories. They have found that it is much easier to get a quick quote from some biased source posing as an expert, usually from a university, than it is to analyze reasons for judgment in a proper context. Added to that difficulty is the need for the media, for economic and journalistic reasons, to present a controversial perspective, which is not usually as objective as we might wish.
Also, as further evidence of this growing skepticism over the last few years, the number of complaints against judges has increased substantially. Most of these complaints are in the nature of disguised appeals against judicial decisions, which are not really complaints at all. The great majority of these complaints are made by litigants unsupported by trialunsel. Actually, these unweighted numbers are not very significant, although they get much prominence. There are nearly 1, 000 federally appointed judges in Canada turning out several hundred thousand decisions a year, and, therefore, the ratio of valid complaints to decisions is infinitesimal. What these numbers may be evidence of, however, is an attitude of disquiet and dissatisfaction.
Of all these causes of concern, in my view, the kinds of cases we are hearing is the principal cause of apparent dissatisfaction. We are regularly dealing with matters on Which feelings run very, very high, such as personal security, social issues and sentencing. The public is unhappy about the way society is going, and its view, fuelled in part by the agendists and the media, seems to be that judicial decisions unacceptable to them, regardless of the evidence or the law, will slow or change social directions. I am sure this is not so.
So it seems to me that there are various forces in society feeding on each other to produce a climate where the judge’s lift, and the role of the judiciary, becomes increasingly difficult.
But, if public dissatisfaction continues to grow, or appears to do so, politicians may conclude that they have to do something, usually in the name of reform. This, in my view, is the greatest threat to traditional legal values, including the rule of law and judicial independence. [br] According to the author, _____is the greatest threat to traditional legal values.
选项
A、politician’s interference
B、public dissatisfaction
C、media role
D、statesmen’s interference and dissatisfaction among people
答案
A
解析
答案见最后一段,作者认为如果政治家们要以改革为名有所行动的话,那将是最大的威胁,故选A。
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