Constitutional Reform of the Judicial Branch: Symbolic vs. Operational Considerations
abstractIf the next stage of constitutional renewal is to be the strengthening of national institutions, consideration should be given to the judicial branch of government as well as to the Senate and House of Commons. In assessing reforms in this area it is important to distinguish the symbolic from operational consequences. First priority should be given to constitutional entrenchment of the Supreme Court. Although the significance of such an amendment is largely symbolic, it is needed to remove uncertainties created by references to the Supreme Court in the Constitution Act, 1982. A general guarantee of judicial independence should be abandoned as a misguided exercise in constitutional symbolism. From both a symbolic and operational perspective, reform of section 96 of the original constitution holds out the most interesting possibility of establishing the constitutional basis for a truly national judiciary.