Rule of law

Role of courts in a democracy

Canada’s system of government, made up of three independent branches, is designed to protect citizen’s rights, prevent abuse of power and uphold democracy. For the system to function effectively, all three branches of government must exercise their power and authority independently, according to the Constitution.

Government functions as follows: 

  • The executive branch makes policy and oversees the daily operations of government,
  • The legislative branch makes and passes legislation.
  • The judicial branch (the courts) interpret and apply the law.

Rule of Law

The independence of the executive, the legislative and the judiciary ensures there are checks and balances across the system guided by the rule of law – so that no one is above the law, everyone is treated equally before the law and officials do not exercise power arbitrarily.