Part IV Independent Constitutional Institutions, 16 Separation of Powers and the Position of the Public Prosecutor in Francophone Africa

2016 ◽  
Author(s):  
Adjolohoun Horace ◽  
Fombad Charles M
Keyword(s):  
Separation Of Powers ◽  
Public Prosecutor ◽  
Constitutional Democracy ◽  
Francophone Africa ◽  
The Public ◽  
Administration Of Justice ◽  
Institutional Status ◽  
Relationship Of ◽  
The Relationship

This chapter examines the role of public prosecutors in Francophone Africa. Most of Francophone Africa inherited and has maintained the French civil law tradition which confers on the public prosecutor constitutional and institutional status of dependence on, and limited independence from, the executive and judiciary. It is a delicate balance which tilted more in favour of dependence than independence before the 1990s, during the long era of dictatorship that followed independence. The chapter discusses the historical origins of the public prosecutor in France and its adoption in Francophone Africa; the functions of the public prosecutor and his status vis-à-vis the other branches of government. It points out that the relationship of dependence on the executive and judiciary has largely remained unchanged and poses challenges not only to the good administration of justice but also the entrenchment of a culture of constitutional democracy. A number of reforms are suggested.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

The Myth of Judicial Independence

2020 ◽  
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Separation Of Powers ◽  
Material Point ◽  
The State ◽  
Theory And Practice ◽  
Home Office ◽  
Democratic Polity ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.

scholarly journals Impactos das políticas educacionais no cotidiano das escolas públicas e o plano nacional de educação

2016 ◽  
Vol 3 (5) ◽  
pp. 102
Author(s):  
Luiz Antonio Miguel Ferreira ◽  
Flávia Maria De Barros Nogueira
Keyword(s):  
Public Affairs ◽  
Public Prosecution ◽  
Daily Lives ◽  
National Education ◽  
The Public ◽  
Politica Publica ◽  
Education Participation ◽  
Relationship Of ◽  
The Relationship

<p>Este artigo analisa a relação do Plano Nacional de Educação com a escola, em especial, os reflexos que produz como políticas públicas em seu cotidiano. Também analisa a questão de sua judicialidade e suas consequências. Aborda o papel do Ministério Público como protagonista de ações que busquem a concretização dos planos, com a fiscalização dos prazos previstos, das metas, das estratégias e dos direitos assegurados. Com a constatação da falha, a negociação articulada e/ou a indução para a efetivação de política pública específica deve ser o caminho a seguir. O trabalho enfatiza que a participação de todos redunda do modelo democrático assumido pelo País e previsto constitucionalmente. Entretanto, essa participação tem outro efeito: o princípio do pertencimento da coisa pública.</p><p> </p><p><strong>ABSTRACT</strong></p><p> </p><p>This article analyzes the relationship of the National Education Plan with the school, especially the reflexes that produces as public policies in their daily lives. It also examines the question of its judicialidade and its consequences. Addresses the role of the public prosecution as the protagonist of actions that seek to achieve the plans, with the supervision of deadlines, goals, strategies and guaranteed rights. With a finding of failure to articulate negotiation and / or induction to the execution of specific public policy should be the way forward. It emphasizes that the participation of all redounds to the democratic model assumed by the country and set out constitutionally. But this participation has another effect: the principle of public affairs belonging.</p><p><strong>Keywords</strong>: Educational policies. Right to Education. Legalization of Education. Participation.</p><p> </p>

2 Treaties

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of how the United States terminates treaties.

scholarly journals Opportunities of the Intervention of the Central (Regional) Government in the Decisions and Operations of the Local Governments in Hungary

2021 ◽  
pp. 66-77
Author(s):  
Istva´n Hoffman ◽  
◽  
◽  
Keyword(s):  
Public Service ◽  
Local Governments ◽  
Service System ◽  
Regional Government ◽  
The Public ◽  
The Government ◽  
Relationship Of ◽  
The Relationship ◽  
Service Provisions

The regulation on the relationship of the central and local governments in Hungary has transformed significantly in the last decade. However, the government have strong tools for the control of the local activities, these tools are just rarely applied by the supervising authorities. The main transformation of that relationship could be observed in the field of the public service provisions. The former municipally based public service system was transformed into a centrally organised and provided model, thus the role of the local governments in Hungary has decreased. The centralisation process have been strengthened by the reforms during the COVID-19 pandemic.

scholarly journals Corporate Public Transparency on Financial Performance: The Moderating Role of Political Embeddedness

2019 ◽  
Vol 11 (19) ◽  
pp. 5531 ◽  
Author(s):  
Yuxuan Li ◽  
Xin Miao ◽  
Dequan Zheng ◽  
Yanhong Tang
Keyword(s):  
Financial Performance ◽  
Chief Executive ◽  
Moderating Effect ◽  
Government Official ◽  
Chinese Enterprises ◽  
The Public ◽  
Relationship Of ◽  
The Relationship ◽  
Moderating Role

Corporate public transparency (CPT) is instrumental for companies to establish communications and trust with the public by disclosing and communicating information concerning corporate environmental and social impacts. However, it is still in dispute whether CPT can help promote corporate financial performance (CFP). This paper studied the moderating role of political embeddedness on the relationship between CPT and CFP. We investigate multiple hypotheses about the moderating roles of the political embeddedness including bureaucratic embeddedness (political connections of a chief executive officer (CEO) who was/is a government official or member of political council) and ownership embeddedness (i.e., state-owned enterprises (SOEs)). With the data of 195 observations from top 200 Chinese enterprises ranked by revenue for the years 2014~2016, the results show the following: (1) the relationship of CPT on CFP is moderated by government official and SOE ownership; (2) a negative moderating effect of government official; and (3) a negative moderating effect of SOE ownership. The research implications are further discussed. The findings of this study have practical implications for investors, stakeholders, and regulators.

2 Treaties

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.

Part IV Independent Constitutional Institutions, 15 The Public Prosecutor and the Rule of Law in Anglophone Africa

2016 ◽  
Author(s):  
Jowell Jeffrey
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Public Prosecutor ◽  
The Rule Of Law ◽  
The Public ◽  
The Law ◽  
Individual Decisions

This chapter examines the role of the public prosecutor in Anglophone Africa, in the light of two constitutional principles: the separation of powers and the rule of law. It considers the extent to which the prosecutor’s role, and his individual decisions, ought to be separated from ‘policy’ or ‘party-political’, or otherwise ‘partisan’ considerations. How ‘objective’ should (or can) he be? The chapter also considers to what extent the prosecutor’s constitutional role and institutional functions require him to be insulated from judicial review. In the context of government lawyers acting as guardians of the rule of law, the chapter looks at the extent of the prosecutor’s discretion to enforce and not to enforce the law. Finally, it asks whether there may be ways to structure his discretion in the interest of the rule of law.

The Improvisation of Poetry, 1750–1850

2015 ◽  
Author(s):  
Angela Esterhammer
Keyword(s):  
Political Rhetoric ◽  
Classical Antiquity ◽  
The Public ◽  
Political Discourses ◽  
Public Role ◽  
Romantic Era ◽  
Distinctive Type ◽  
Relationship Of ◽  
The Relationship

The “Romantic century” (1750–1850) saw the rise and decline of a distinctive type of improviser: theimprovvisatoreorimprovvisatrice, a solo poet-performer who spontaneously composed verses on subjects assigned by the audience. As this primarily Italian tradition spread across Europe, it generated wide-ranging debates about poetics, aesthetics, and the role of improvisation in political rhetoric and communal leadership. Often this discussion focused on the relationship between modern poetic improvisers and the rhapsodes of classical antiquity, especially Homer. Variations on the questions “Was Homer animprovvisatore?” and “Areimprovvisatorithe descendants of Homer?” show up in antiquarian, poetic, and political discourses, influencing Romantic ideas about the public role of poets while changing the direction of Homeric scholarship. Since the performances of poetic improvisers and the debates they generated took place in the midst of a rapidly expanding culture of periodical magazines and other print media, the reception of orally improvised poetry during the Romantic era also affects the evolving relationship of orality and print.

The American Family and the Little Red Schoolhouse: Historians, Class, and the Problem of Curricular Diversity

Prospects ◽  
1994 ◽  
Vol 19 ◽  
pp. 25-74
Author(s):  
Nora Faires ◽  
John J. Bukowczyk ◽  
Bruce Harkness
Keyword(s):  
Public History ◽  
Presidential Address ◽  
Public Realm ◽  
Academic Field ◽  
The Public ◽  
Total War ◽  
Education For Democracy ◽  
Relationship Of ◽  
The Relationship

Though the development of “public history” as a professional practice and its arrival as an academic field date back only to the mid-1970s, an emphasis on the role of historians as public actors with unique societal responsibilities has punctuated the self-reflective literature issuing forth from the profession throughout much of the 20th Century. In his 1949 presidential address to the American Historical Association (AHA), Conyers Read advised that “history has to justify itself in social terms.” In a postwar world whose grand drama shifted from the defeat of fascism to the crusade against communism, Read instructed historians in their highest role, namely, “education for democracy.” “Total war, whether it be hot or cold,” Read observed, “enlists everyone and calls upon everyone to assume his part.” Read's prescription has remained a canon in the profession. In 1986, for example, AHA former president C. Vann Woodward owned that historians have “obligations to the present.” Recognizing the problematical nature of the “relationship of history to the public realm,” AHA president William E. Leuchtenburg in like manner nonetheless recently observed that “generation after generation, a substantial corps of scholars has insisted that historians should concentrate on contributing to the solution of contemporary problems.”

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