independent judiciary
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2022 ◽  
pp. 1-31
Author(s):  
Stuart Hargreaves

Abstract Typically one member of a sitting panel of Hong Kong's Court of Final Appeal is a senior jurist drawn from another common law jurisdiction. In the Court's early years, these ‘overseas judges’ were responsible for writing approximately one quarter of the lead opinions across a vast range of cases. This article demonstrates, however, that this practice has changed. The overseas judges now write a smaller share of lead opinions and no longer write lead opinions related to issues of fundamental human rights or the relationship between Hong Kong and the rest of China. This article suggests this change has been made for good reason. Though valid questions about the legitimacy of the role of the overseas judges can be made, they also continue to perform a valuable communicative role regarding the status of Hong Kong's judicial independence under the ‘one country, two systems’ framework. A recent rise in attacks on overseas and other ‘foreign’ judges in Hong Kong can be understood as part of a broader project that seeks to constrain the role of the independent judiciary. By continuing to invite overseas judges to sit on the Court of Final Appeal but reducing their public prominence, the Court has sought not only to reduce avenues for attacks on the legitimacy of particular decisions, but to protect the autonomy and independence of the judiciary more broadly.


2021 ◽  
Vol 15 (1) ◽  
pp. 52
Author(s):  
Zia Akhtar

The Chinese state implemented a conscious transfer to a market economy after 1977 when the Four Modernisations were inaugurated and the new Constitution promulgated in 1982 raised the possibility for the separation of powers. The new framework introduced judicial review into the structure of the legal system that was to provide redress of grievances from mal administration. The transition to a new leadership in 2011 allowed the National Peoples Congress to enact administrative reforms, and further amendments to the Chinese Constitution in 2018 have promulgated the Judges Law. The judicial reforms promote the values of an independent judiciary and there is an effective machinery of justice which promotes judicial review. This paper argues that the centralisation of power by the Communist Party does not preclude the functioning of judicial administration that conforms to rule of law and an emerging trend of public interest litigation and participatory justice.


2021 ◽  
Vol 5 (2) ◽  
pp. 292
Author(s):  
Sobandi Sobandi

One of the important instruments in a state of law is the existence of an independent judiciary, whether it is based on the doctrine of separation of powers, the notion of a state based on law or democracy. An independent judicial power is not absolute in the sense that it is free to lead to arbitrariness so that there must be restrictions on that power and freedom. The approach method is used a normative juridical approach. The results of the study found that the limitations of judicial power were based on the constitutional basis, namely Article 1 paragraph 3 of the 1945 Constitution, Article 24 of the 1945 Constitution and Article 24 A of the 1945 Constitution. From the concept of separation or division of powers, compose an independent judicial power which is exercised by a Supreme Court and judicial bodies under it and a Constitutional Court. The commercial court as a sub-system within the judicial power is a special court under the general judiciary that has different competencies from other general courts. The implementation of the limitation of judicial power in the competence of the commercial court to realize an independent judicial power is normatively spread out in various laws.


2021 ◽  
Vol 20 (1) ◽  
pp. 25-32
Author(s):  
John Alade Ayodele

Upholding the rule of law and adherence to the principles of justice play an important role in the economic and social development of a Nation, this is because rule of law and justice to all guarantee peace, security and stability. For a Nation to be ranked among the committee of civilized and developed Nations, rule of law and principles of justice must be upheld. Using the doctrinal methodology, this work assessed Nigerian State from the perspective of her adherence to the rule of law and upliftment of justice. This work reaffirms that for Nigeria as a State to achieve the Sustainable Development Goal 16, will depend on her commitment to the notion of the ideal character of the rule of law as a guiding principle for organizing life in society and access to justice as the essential instrument for the protection of human right. The work concluded that upholding law and order, providing predictable and efficient judgments through the institutional framework and attributes believed necessary to actuate the rule of law such as well trained law enforcement officers, functional courts, independent judiciary, comprehensive law and equipped correctional facilities and homes are the things upon which the Nigerian state can continue, prosper and survive.


2021 ◽  
Author(s):  
Elliot Bulmer

This Primer examines the recognition, roles and rights of the opposition and the legislative minority in democratic constitutions. Opposition parties operating in democracies rely upon a wide range of constitutional protections, such as the freedoms of association, assembly and expression, backed by an independent judiciary and an impartial civil service. These protections ensure that opponents of the government continue to enjoy equal rights and are not criminalized, harassed or disadvantaged. However, many constitutions go further, formally recognizing the role, powers and responsibilities of the opposition or legislative minority in democratic politics.


2021 ◽  
Vol 7 (3) ◽  
pp. 317-334
Author(s):  
Isaac O. C. Igwe

The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;


Der Staat ◽  
2021 ◽  
Vol 60 (3) ◽  
pp. 473-493
Author(s):  
Gunnar Folke Schuppert

Der Beitrag will der Frage nachgehen, wie es angesichts der Entwicklungen in den USA und auch in einigen Ländern Osteuropas um die Resilienz der demokratischen und politischen Kultur bestellt ist. Unter ,,Resilienz‘‘ wird hierbei weniger die Anpassungsfähigkeit politischer Systeme an neuartige Herausforderungen verstanden; vielmehr geht es um die Fähigkeit von Gesellschaften, mit Katastrophen wie zum Beispiel Epidemien oder auch politischen Radikalisierungsprozessen verarbeitend fertig zu werden. Im Mittelpunkt stehen dabei drei Ausprägungen politischer Kultur, nämlich die Institutionen-, die Kommunikations- und die Konfliktkultur eines Gemeinwesens. Was etwa die Institutionenkultur angeht, so geht es nicht primär um die Abschaffung von Institutionen, sondern um Ihre politische Instrumentalisierung und innere Aushöhlung, oft einhergehend mit einem Verfall der für die Konfliktlösung zentralen Kommunikationskultur. The aim of the article is to examine the resilience of our democratic political culture vis-a-vis the recent developments in the US and some countries in eastern Europe. Resilience is not primarily seen as the capacity of political systems to adopt themselves to new challenges, but the strength and mental power of a society to ‘’survive’’ an intern or extern crisis by mobilizing its – in a wider sense – cultural resources. The very heart of these cultural resources are a resilient institutional culture, a culture of communicating with each other and a culture of solving conflicts without using force. Dangerous for these elements of our political culture is not so much the abolishment of institutions and constitutional rights but the instrumentalization of institutions and their hollowing-out by processes of erosion of informal rules of conflict solving by communicative interactions. Decisive will be, if the people are willing to resist these developments by fighting for an independent judiciary and their constitutional rights.


2021 ◽  
pp. 719-741
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.


Author(s):  
Nida Fatima ◽  
Shehnaz Tariq

Abstract: This article discusses the background of lawyer’s movement and gives concept of social movement in detail including civil society and social change, difference between social movement and other movement’s social movement and development on political culture and world system and social change. We can get peace and rights of humanity through movements. This is an analytical descriptive type qualitative research mainly literature review highlight the case study. Civil society is very supportive for lawyers and independent judiciary because lawyers and judiciary faced so many difficulties. They are deep rooted, constituency based, self-organized and self-finance. In Pakistan political scenery, lawyers movement present amazing and excellent example of such a civil society organization


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