What unwritten principle was highlighted in the Re Remuneration of Judges case?

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The principle of judicial independence was emphasized in the Re Remuneration of Judges case. This case addressed the importance of an independent judiciary as a crucial aspect of the rule of law and democratic governance in Canada. The Supreme Court affirmed that judges must be free from interference or influence from other branches of government, particularly concerning their remuneration and conditions of service. This independence is vital to maintain public confidence in the judiciary and to ensure that judges can make decisions based solely on the law and facts of the cases before them, without fear of repercussions.

Judicial independence not only protects the rights of individuals within the legal system but also upholds the integrity of the judiciary as a check on legislative and executive powers. The case illustrated how the judicial branch must operate independently to effectively perform its function within the broader constitutional framework. This principle is considered an unwritten principle of the Constitution as it is not explicitly enumerated in any constitutional document but is universally acknowledged as fundamental to the functioning of a healthy democracy.

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