Corruption in judicial systems is threatening the protection of human rights‚ a United Nations independent expert said‚ urging governments to implement policies to strengthen the rule of law to combat this practice. “The pervasiveness of corruption in the judiciary and the legal profession‚ whether one off or endemic‚ is very worrying because it directly undermines the rule of law and the ability of the judiciary to guarantee the protection of human rights‚” the Special Rapporteur on the independence
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of law‚ upheld by an independent judiciary‚ is one of Hong Kongs greatest strengths. This refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong. The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the Government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts. At the heart of Hong Kong ’s system of government
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reaction to the “harshness of the common law or lack of developments in common law”. Furthermore‚ the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition‚ complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to the King was so common that some complaints had to be referred
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Anglo-American common-law tradition is built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon
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The use of judicial waivers and remand to adult court: Several types of transfer for youths from juvenile court to adult court‚ judicial waiver‚ statutory exclusion‚ and direct file exist and are utilized. According to the Office of Juvenile Justice and Delinquency Prevention (2010) judicial waiver is the most popular. "47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court. Thirty-seven States and the District of Columbia have one or more
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Court Systems Interview G.M. University of Phoenix AJS/504 June 22‚ 2015 William Miller Court Systems Interview When the United States Constitution was established‚ the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state
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Common Law Law developed through conclusions of courts and similar committees by the judges is known as common law‚ it is also known as case law. Common law binds upcoming decisions and it is the body of practice. Common law delivers compensation in monetarist value of the damages due to violation of contract and approves the legal owner of the property. Certain amount of money presented as compensation by a court for a breach or trot of agreement is known as damages‚ it is also famous as lump
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within the civil justice system – 14 marks The phrase alternative dispute resolution‚ also known as ‘ADR’ essentially is a range of ways to avoid full scale litigation. Access to justice is a fundamental right and is protected under Article 6 European Convention of Human Rights‚ therefore‚ if society is to operate effectively there must a way of ensuring that disputes between individuals can be resolved. Importantly‚ this does not necessarily have to involve going to court. There have always been
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JUDICIAL ACTIVISM & GROWTH OF ENVIRONMENTAL JURISPRUDENCE I. INTRODUCTION Judiciary in India particularly‚ Supreme Court and high courts have played an important role in preserving the environment without halting the development of the country which means preservation of doctrine of sustainable development. India being a developing country with vast geographical area and large population‚ the main task of the government becomes to look after present and future needs of people. It is usually
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Federal court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. The Federal Court hears appeals from the Court of Appeal. Leave to appeal must always be obtained prior to proceeding with the appeal. The Federal Court is headed by the Chief Justice. According to Article 122(1) of the Federal Constitution‚ the Federal Court shall consist of the Chief Justice‚ the President
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