scholarly journals Appointment, discipline and removal of judges: A comparison of the Swiss and New Zealand judiciaries

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Judicial Independence ◽  
Active Role ◽  
Judicial Appointments ◽  
Recent Reform ◽  
Law Clerks

<p>This paper gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the Cantons. After analysing the powers enjoyed by the judiciary via the legislature, the paper examines the appointment of judges in detail. The author explains how in Switzerland openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the paper covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, speaks out for a system where the ultimate decision is given to an independent judicial body rather than a parliament.</p>

scholarly journals Appointment, discipline and removal of judges: A comparison of the Swiss and New Zealand judiciaries

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Judicial Independence ◽  
Active Role ◽  
Judicial Appointments ◽  
Recent Reform ◽  
Law Clerks

<p>This paper gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the Cantons. After analysing the powers enjoyed by the judiciary via the legislature, the paper examines the appointment of judges in detail. The author explains how in Switzerland openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the paper covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, speaks out for a system where the ultimate decision is given to an independent judicial body rather than a parliament.</p>

scholarly journals Appointment, Discipline and Removal of Judges: A Comparison of the Swiss and New Zealand Judiciaries

2015 ◽  
Vol 46 (2) ◽  
pp. 267
Author(s):  
Benjamin Suter
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Judicial Independence ◽  
Active Role ◽  
Judicial Appointments ◽  
Recent Reform ◽  
Law Clerks

This article gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the cantons. After analysing the powers enjoyed by the judiciary via the legislature, the article examines the appointment of judges in detail. The author explains how, in Switzerland, openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the article covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, he advocates for a system where the ultimate decision is given to an independent judicial body rather than a parliament.

scholarly journals The Function of Legal Research in Formulation of Legislation

2020 ◽  
Vol 7 (1) ◽  
pp. 61-65
Author(s):  
Victoria Tabita Majesty Lamada ◽  
Tetania Retno Gumilang
Keyword(s):  
Legal System ◽  
Raw Materials ◽  
Active Role ◽  
Problem Solver ◽  
Legal Research ◽  
Legal Development ◽  
Internal Problem ◽  
National Legal System ◽  
Logical Data

The formation of legislation is a condition in the framework of national law development which can only be realized if supported by good methods, which are binding on all institutions authorized to make regulations. Indonesia is a state of law that should implement good national legal development, which is carried out in a planned, integrated and sustainable manner in the national legal system. Law No. 12 of 2011 states that research is an important element in the formation of the legislation process. Because it is impossible if a draft legislation is formed before the existence of a legal investigation. This research discussed about the role of legal research in the formation of legislation, as well as what are the benefits of legal research itself. The conclusion is the formation of laws and regulations cannot occur if there is no legal research, because legal research is an internal problem solver in the process of establishing legislation. This legal research itself plays an active role in obtaining valid, correct, rational, and logical data. In addition, legal research is also useful for obtaining raw materials from all aspects, both juridical, socio-psychological, and philosophical that are accurate and complete.

8. The judiciary

2020 ◽  
pp. 293-328
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Appeal Court ◽  
Judicial Appointments ◽  
Different Types ◽  
Lord Chancellor

This chapter describes and discusses the different types of judge, and their roles, within the English legal system. This includes the Lord Chancellor, Supreme Court Justices, Appeal Court judges, circuit judges, district judges, coroners, and lay magistrates. The qualifications for appointment are outlined and the system of judicial appointments is discussed, including the role of the Judicial Appointments Commission. The chapter includes a day in the life of a district judge to give some context to the every-day work of the judiciary. There is also comment supplied upon the issues of diversity of membership of the judiciary and the importance of independence of the judiciary.

scholarly journals Deficiencies in New Zealand Delegated Legislation

1999 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Geoffrey Palmer
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Prime Minister ◽  
Select Committee ◽  
Law Making

In this article, the author, a former Minister of Justice and Prime Minister, examines the history and role of statutory regulations.  Processes for reviewing regulations, especially through the Parliamentary Regulations Review Select Committee, have been significant in offering protection against undesirable regulation-making.  The courts have played a lesser role in this regard and the author calls for them to be "a little more robust in their approach to delegated legislation".  The development of a third tier of law-making, by the use of so-called "rules", is worrying, as these rules receive the same scrutiny as regulations neither before nor after their making.  The author recommends that either we abandon making such rules or we introduce processes which are more formal and transparent.  At present, "the coherence of our legal system is threatened".

The Appointment and Removal Process for Judges in Argentina: The Role of Judicial Councils and Impeachment Juries in Promoting Judicial Independence

2007 ◽  
Vol 49 (2) ◽  
pp. 33-58
Author(s):  
Rebecca Bill Chávez
Keyword(s):  
Executive Control ◽  
Judicial Independence ◽  
Executive Power ◽  
Checks And Balances ◽  
Judicial Appointments ◽  
Removal Process ◽  
Independent Judiciary ◽  
Party Control ◽  
Judicial Autonomy

AbstractThis article explores the conditions that allow judicial councils and impeachment juries to promote judicial autonomy. In theory, these bodies intervene in the appointment and removal of judges in order to reduce executive control over court composition, thereby promoting judicial independence. Using the case of Argentina at the federal and the subnational levels, this study demonstrates that competitive politics enhances the capacity of judicial councils and impeachment juries to bolster judicial autonomy. Interparty competition provides incentives for the executive to develop a meaningful system of checks and balances, which includes an independent judiciary that can check executive power. In contrast, monolithic party control—defined as a prolonged period of unified government under a highly disciplined party—permits the executive to maintain a monopoly on power and thereby control judicial appointments and removals.

When Constitutional Theories Migrate: A Case Study

2019 ◽  
Vol 67 (2) ◽  
pp. 281-326
Author(s):  
Claudia Geiringer
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Comparative Law ◽  
Constitutional Theory ◽  
Constitutional Interpretation ◽  
Bill Of Rights ◽  
Globalized World ◽  
Institutional Mechanism

Abstract The last decade or so has witnessed a burgeoning of literature on the role of cross-jurisdictional influences in the design (as well as subsequent interpretation) of national constitutions. The consensus emerging from that literature is that transnational borrowing in the course of constitution making is both inevitable and impossible. In a globalized world, those involved in the design of a new constitution naturally look beyond their borders for inspiration. Borrowing is thus endemic. But borrowing, in any true sense, is also impossible because in the process of migration, constitutional ideas must be de- and then recontextualized in order to fit them for the new legal system. What, though, if the object of transnational influence is not a constitutional text or an institutional mechanism but, rather, a scholarly theory? That is the question addressed by this Article. Specifically, the Article examines the intriguing (and little known) story of how John Hart Ely’s representation-reinforcing theory of (American) constitutional interpretation was transformed into a blueprint for the design of the New Zealand Bill of Rights Act. It suggests that Ely’s journey to the South Pacific has the potential to illuminate both the study of constitutional migration generally and, more specifically, the linkages between comparative law and constitutional theory.

Lay Judges

2003 ◽  
Vol 5 ◽  
pp. 293-310
Author(s):  
John Bell
Keyword(s):  
Legal System ◽  
Judicial Independence ◽  
Considerable Importance ◽  
Council Of Europe ◽  
Operational Effectiveness ◽  
Judicial Role

The role of lay judges in the legal system is a matter of considerable importance. Lay judges are not only numerous, but they play an especially important part in many branches of law. Yet they are often ignored in general statements on the judicial role or in discussions by professional judges. Concepts like ‘Judicial Independence’ focus almost exclusively on the professional judge and the conditions for her operational effectiveness. The Council of Europe Recommendation on judicial independence recognises that some principles apply to lay judges as well as to professional judges. But the text amounts to a rather grudging recognition.

scholarly journals The Changing Role of Industry Training Organisations in New Zealand

2013 ◽  
Author(s):  
Karen Moses ◽  
Rob Strathdee
Keyword(s):  
New Zealand ◽  
Active Role ◽  
Economic Transformation ◽  
Government Investment ◽  
Recent Developments ◽  
The Government ◽  
Barriers And Challenges ◽  
Changing Role ◽  
Industry Training

Recent developments in the provision and funding of industry training in New Zealand have provided substantial challenges for Industry Training Organisations. This article focuses upon the role that they are expected to play in supporting the Labour-led Coalition’s Economic Transformation (ET) agenda, and explores some of the challenges created. A major aim of the ET agenda is to produce globally competitive firms by better directing the government investment in education and training and in research, science and technology. In this context, Industry Training Organisations are expected to play an increasingly active role in driving the government’s investment in industry training. This article considers some of the barriers and challenges they face in meeting these new government expectations.

Lay Judges

2003 ◽  
Vol 5 ◽  
pp. 293-310
Author(s):  
John Bell
Keyword(s):  
Legal System ◽  
Judicial Independence ◽  
Considerable Importance ◽  
Council Of Europe ◽  
Operational Effectiveness ◽  
Judicial Role

The role of lay judges in the legal system is a matter of considerable importance. Lay judges are not only numerous, but they play an especially important part in many branches of law. Yet they are often ignored in general statements on the judicial role or in discussions by professional judges. Concepts like ‘Judicial Independence’ focus almost exclusively on the professional judge and the conditions for her operational effectiveness. The Council of Europe Recommendation on judicial independence recognises that some principles apply to lay judges as well as to professional judges. But the text amounts to a rather grudging recognition.

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