scholarly journals THE LEGAL PRACTITIONERS PROFESSIONAL NEGLIGENCE IN NIGERIA: EVALUATION OF THE GENERAL LIABILITY AND IMMUNITY AFFORDED ON LEGAL PRACTITIONERS IN THE CONDUCT OF THEIR CLIENT’S CASE

2021 ◽  
pp. 27-41
Author(s):  
Oluwakemi Odeyinde ◽  
Keyword(s):  
Rule Of Law ◽  
Historical Development ◽  
General Rule ◽  
Legal Profession ◽  
Standard Of Care ◽  
Professional Conduct ◽  
Pragmatic Approach ◽  
Professional Misconduct ◽  
The Rule Of Law ◽  
Court Proceedings

This paper reviews the legal practitioner’s professional negligence in Nigeria and the rule of law exempting lawyers from liability for negligence in the conduct of proceedings in court, tribunal or other body. The introduction reminds us of the historical development of the legal profession. It examines the concept of professional negligence which involves misconduct or malpractice in the course of practicing one’s profession. The law places more responsibility on the professional in the exercise of judgment. Therefore the standard of care expected of a professional is high. The general rule is that a legal practitioner can be held liable for professional negligence. He may also be found guilty of professional misconduct or malpractice where he contravenes any of the rules of professional conduct. However, there exists a law in Nigeria that grants immunity to legal practitioners from negligent acts in the conduct of their client’s case. This paper explores the origin of the lawyer's immunity. It argues that the exemption granted lawyers in respect of court proceedings does not help the fallen standards of the legal profession in Nigeria. As a result, there is a general consensus among writers as to the removal of the immunity clause. Therefore, this paper examines the various advocates for the removal of the lawyer’s immunity and suggests a reconsideration for its possible removal. This paper concludes with a recommendation for a more pragmatic approach to maintaining the standards of the Legal Profession. The term professional negligence is used interchangeably with professional misconduct or malpractice.

THE POSITION OF THE PUBLIC PROSECUTOR IN ADMINISTRATIVE PROCEEDINGS – LEGAL ANALYSIS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 97-114
Author(s):  
Michał Sędziński
Keyword(s):  
Rule Of Law ◽  
Public Prosecutor ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
The Public ◽  
Administrative Procedure ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to comprehensively analyse the legal position of the public prosecutor in administrative proceedings and administrative court proceedings. This subject is interesting because the public prosecutor is usually associated with criminal proceedings and his capacity as the public accuser. However, the public prosecutor plays a special role in administrative proceedings, i.e. participates in them as an entity with the rights of a party, even though he has no legal interest in it. It is also worth noting that the powers of the public prosecutor are clearly more extensive than those of other entities with the rights of a party. This article is an attempt to determine the role of the public prosecutor in administrative proceedings and decide whether he is the accuser or rather the representative of the public interest. The position of the public prosecutor in proceedings before administrative courts is special as well. This issue needs to be discussed in detail, which was taken into account in the second part of the article. The position of the public prosecutor as the advocate of the rule of law is regulated by the Act on the Public Prosecutor’s Office. The analysis of these provisions in conjunction with Chapter 4 of the Code of Administrative Procedure leads to a conclusion that the public prosecutor who acts in administrative proceedings as an entity with the rights of a party has powers vested in him alone and watches over such proceedings, thereby fulfilling the duties of an advocate of the rule of law. To fully show the special position of the public prosecutor, it is necessary to enumerate his powers in administrative proceedings and compare them with the competences of “ordinary” entities with the rights of a party.

Lady Justice or the golden calf? The “China factor” in Hong Kong’s legal system

2019 ◽  
Vol 15 (2) ◽  
pp. 178-196
Author(s):  
Yan-Ho Lai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Profession ◽  
Content Type ◽  
The Rule Of Law ◽  
Joint Declaration ◽  
Basic Law ◽  
Twentieth Anniversary ◽  
Political Economic

Purpose Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law. Design/methodology/approach This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy. Findings While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city. Originality/value This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

scholarly journals Zasada praworządności wyznacznikiem kontroli działań administracji publicznej realizowanej przez prokuratora w ramach postępowania administracyjnego

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 19-36
Author(s):  
Beata Kozicka ◽  
Ewa Pierzchała
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Good Governance ◽  
The State ◽  
Judicial Power ◽  
The Rule Of Law ◽  
Separate Part ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Republic

Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us for centuries. Administrative courts uphold the principle of equality before the law, which is regulated by Art. 21, par. 1 of the Constitution of the Republic of Poland. Since it is administrative courts which – by performing tasks of control over the activity of public administration – become the guarantee of realization of the above-mentioned principle, their position and range of cognition in the situation of launching administrative-court proceedings by the Prosecutor were presented in the work.

Vladimir Spasovich and the Development of the Legal Profession in Russia

2004 ◽  
Vol 32 (3) ◽  
pp. 593-603
Author(s):  
Peter Roudik
Keyword(s):  
Rule Of Law ◽  
Legal Profession ◽  
Political Life ◽  
Legal Rights ◽  
Russian Society ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
History Of ◽  
The Individual

Russian society is currently struggling on its road towards recognizing the rights and freedoms of the individual, as well as towards establishing the rule of law and institutions, norms and procedures of a civil society. The current poor state of the legal profession is due significantly to lawyers with substandard qualifications. This fact has delayed the speed of progressive social, political and spiritual reforms, and has complicated the quest for freedom and legal rights by the Russian people. An analysis of the previous Russian experience and a creative interpretation of state and legal traditions might be useful to solve current problems. One such lesson may be learned from studying the history of the Bar (Advokatura), which once used to influence the social and political life in Russia.

The Legal Profession in Europe: Achievements, Challenges and Chances

2003 ◽  
Vol 4 (3) ◽  
pp. 263-276 ◽  
Author(s):  
Hans-Jürgen Hellwig
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Profession ◽  
The European Union ◽  
The Rule Of Law ◽  
50Th Birthday ◽  
Hugo Grotius ◽  
Birthday Celebration

First of all I want to express my deep gratitude for having been given the honour to speak to you today. A lawyer from Germany addressing the 50th birthday celebration of the Nederlandse Orde van Advocaten - that would have been inconceivable back in 1952 when the Dutch Bar was founded. This inconceivable idea has become reality thanks to the rule of law. After all, the rule of law has been the fundament on which the treaties establishing the European Union of today have been based. Incidentally, the first such treaty, the European Coal and Steel Community Treaty dates of the same year 1952. We all, and in particular we foreign lawyers, should pay tribute to Hugo de Groot (Hugo Grotius), this magnificent Dutch lawyer, who centuries ago has laid the theoretical bases therefor.

scholarly journals Government Lawyers in the Trump Administration

2017 ◽  
Author(s):  
W. Bradley Wendel
Keyword(s):  
Theoretical Analysis ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Administrative Law ◽  
Professional Conduct ◽  
Donald Trump ◽  
The Rule Of Law ◽  
Legal Standards ◽  
President Elect ◽  
Trump Administration

The words and actions of candidate, President-Elect, and now President Donald Trump indicate that this Administration will aggressively seek to use state power with little regard for the rule of law. A great deal has been written about the constitutional and administrative law regulating inter- and intra-branch separation of powers. However, there is no comprehensive legal and theoretical analysis of government lawyers as lawyers, subject to regulation by state rules of professional conduct and other positive legal standards. This Article engages with numerous contested issues in the law of lawyering to provide a constructive legal and ethical conception of government legal advisors. In practical terms, it may serve as a source of guidance for lawyers in the new administration, or as a roadmap for discipline by lawyer regulators. More theoretically, it defends a conception of the rule of law as a practice of reason-giving, not dependent upon legal objectivity or determinacy.

The History of the Rule of Law

2018 ◽  
Vol 21 (1) ◽  
pp. 430-466 ◽  
Author(s):  
Till Patrik Holterhus
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Historical Development ◽  
Theoretical Concept ◽  
Basic Principles ◽  
Broad Perspective ◽  
The Rule Of Law ◽  
The Enlightenment ◽  
History Of ◽  
Theoretic Foundations

The article discusses the historical development of the rule of law’s basic principles. While indications of societies governed by law can be traced back to early civilizations in ancient Mesopotamia, what today is understood as the rule of law, is, however, a remarkable and continuous historical ascendency of a theoretical concept forged in the century-lasting struggle of subjecting governmental powers to law. Applying a broad perspective, the article first assesses the rule of law’s early antecedents in ancient Sumer, Babylonia, Rome, and Athens. It then examines the rule of law’s theoretic foundations in the Middle Ages and the concept’s advancements through the Enlightenment-fostered intellectual and religious revolutions. Finally, against this background, it takes a particular look at the rule of law’s consolidation, advancement, and proliferation in the 19th and 20th centuries.

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