...Chapter I INTRODUCTION Background of the Study Conflicts among inhabitants of a community is inevitable and the necessity of establishing a formal institution such as trial courts or courts of justice, to address conflict resolution is indispensible. The establishment of this formal institutions is based on the social contract theory wherein the government is duty bound to maintain order in a community and to protect and enforce the fundamental rights of its inhabitants in exchange for the surrender of some rights of the latter. All these, follow the course of administration of justice. Administration of Justice examines the structure, function, laws, procedures, and decision-making processes of agencies that deal with crime management. Courts of justice plays a very important role in the administration of justice. Almost all countries experience problems in the administration of justice. The degree of seriousness of these problems varies depending on several factors. The most common among these problems is the increasing number of court dockets and flaws in the laws being interpreted and implemented. In the Philippines, Courts, in the administration of justice, follows a hierarchy of courts. There are four (4) levels of courts in the Philippines, wherein it is the Supreme Court that is at the apex of this four-tiered hierarchy. At the lowest level of the hierarchy are the first-level courts, consisting of the Municipal Trial Courts (MTCs), Metropolitan Trial...
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...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim...
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...required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The wording allows judges and justices to interpret and apply this rule as they see fit. UNITED STATES ATTORNEY’S MANUAL The manual states that the United States Supreme Court has made clear this amendment to restrict the imposition of excessive bail without establishing a right to bail in criminal cases stating "the eighth amendment does not grant an absolute right to bail," United States v. Salerno, 481 U.S. 739, 754-55 (1987). The subject of bail and detention also entangles the Fourteenth Amendment's Due Process Clause, requiring that laws requiring pretrial detention must "serve a compelling governmental interest." In federal criminal proceedings, release and detention determinations are governed by the Bail Reform Act of 1984. This contains specific protocol that must be followed by judicial officers when considering whether or not the defendant is to be detained or released pending federal criminal proceedings. Section 3141(a), of Title 18, United States Code, states that judicial officers have the power to...
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...extent to which external sources have affected English law. A basic knowledge of English legal history is important for anyone wishing to study English law, for a number of reasons. Although the UK’s modern legal system, following centuries of legal reforms, is vastly different from that of the 11th century, many fundamental principles and philosophical ideas present in the modern legal system derive from centuries past. Equally, many existing rules of law have their origin in legal history and to fully understand the reason for the current legal norms, it is necessary to appreciate the historical events surrounding their creation (Boxford, 2006, p. 34). Some argue that the English legal system is too conservative and reluctant to adapt to modern conditions. Whilst this claim should not be over-exaggerated, it should also not be ignored. The UK today represents a country with an extremely rich legal history, but also one which seeks to play an active role in the modern global environment. A source of law means the process by which law comes into existence. English law is mainly derived from legislation (both Acts of Parliament and delegated legislation), case law, and European Union law. Custom is a minor source of law. English law, established historically Westminster courts (common law) and Chancery Court (equity), is a right of judicial practice, not only in its origin. Since the influence of the universities and the doctrine in England was much weaker than on the continent...
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...EQUAL RIGHTS IN LAWS RELATING TO DIVORCE: A COMPARATIVE STUDY OF DIFFERENT PERSONAL LAWS IN BANGLADESH A Research Monograph Submitted as Partial Fulfillment of Master of Laws (LLM) Degree Submitted By: Examination Roll No. 08239085 Registration NO.3347 Examination: 2012 Session: 2007-2008 DEPATMENT OF LAW UNIVERSITY OF RAJSHAHI BANGLADESH DECEMBER 2012 DECLARATION The researcher, as a candidate for the degree of Master of Laws (LLM), is fully aware of the rules and regulations of the University of Rajshahi relating to the preparation, submission, retention and use of a research monograph. She acknowledges that the University requires the research monograph to be retained in the library for record purposes and that within Copyright privileges of the author it should be accessible for consultation and copying at the discretion of the library authority and in accordance with the Copyright Act 2000. I authorise the University of Rajshahi to publish an abstract of this research. The researcher also declares that this research monograph entitled ‘Equal Rights in Laws relating to Divorce: A Comparative Study of Different Personal Laws of Bangladesh’ is solely the outcome of her own efforts and research for the partial fulfillment of the degree of LLM. No part of this research monograph in any form has been submitted to any other department or institution for the award of any degree or diploma or to any journal for the purposes of publication. Researcher ...
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...on Human rights in the United Kingdom. The Kingdom of Morocco is the most politically stable country in the Arab World. The Alaoui Dynasty reigned and governed the country for several centuries and is still the central pillar of the Moroccan state. The Monarchy is believed to be the rationale for the exceptional stability of Morocco, and few Moroccans would argue the contrary after the events of the “Arab Spring”, yet the country has a long democratization process to achieve. The constitutional reform that was launched by His Highness the King Mohammed VI is a decisive step for Morocco to become a democratic state. Comparing the political systems of the United Kingdom and Morocco is an interesting subject of study. Both countries are very old monarchies but share only some few characteristics. Throughout this essay, we will try to compare the political systems of the UK and Morocco according to the following subjects: the monarchy, the legislative, the executive, and the judicial branches. II. Body A. The Monarchy Also referred to as the Crown, the British Monarchy is an important aspect of the UK’s political traditions. According to the uncodified Constitution of the United Kingdom, the Monarch is the Head of State but does not take significant part in the governing process. The three branches of power are delegated to the respective institutions,...
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...Research Proposal On Judicial Corruption; The Great Hindrance Towards Ensuring Justice: A Critical Evaluation In The Present Context Of Bangladesh SUPERVISOR Biswajit Chanda Associate Professor Department of Law University of Rajshahi RESEARCHER Md.Salauddin Saimum Roll: 10119019 LL.B(4th Year) Department of Law University of Rajshahi University of Rajshahi DEPARTMENT OF LAW UNIVERSITY OF RAJSHAHI Introduction: Judicial corruption refers to corruption related misconduct of judges, through receiving or giving bribes, improper sentencing of convicted criminals, bias in the hearing and judgement of arguments and other such misconduct. Judicial corruption pertains to acts or behavior or attempts that impair either the search for or the submission of the truth in the delivery of justice. It covers any act or omission from any source, whether bribery, intimidation or any other act committed with the intent or reasonably foreseeable result that judicial or quasi-judicial orders, judgments and other issuances and judicial treatments will result in corruption. Judicial corruption includes the acceptance of patronage offered by people in power leading...
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...frame for evaluating the decision's practical consequences is, at the very longest, the period after Congress substantially amended FECA in 1974. Campaign contributions as emphasized here discusses the ways in which contributions are made to influence new or incumbent candidates to support a particular agenda based on factors that impact the candidate personally, such as the raising of significant funds to help a candidate be re-elected, or environmental issues to even social issues are of concern. Since the last decade, millions upon millions of dollars have been spent in state judicial elections, primarily by contributors with an interest in the outcome of litigation. Spending large sums of money on judicial elections is not a new phenomenon, but following the Supreme Court's Citizens United decision, the amount spent in these elections will likely increase. Given reported cases of judicial impropriety and public opinion polls indicating a loss of faith in the judiciary,...
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...those who are to become judges, public prosecutors and practicing attorneys. (It is generally referred to as a unified training system.) This unified training system, into which the old training system for the magistratures (judges and public prosecutors) and the old training system for practicing attorneys was integrated, has been adopted as Japan’s consistent policy for legal training system since the training system for legal apprentices started in 1947. Under this system, while learning the viewpoints from which the respective types of legal professions examine cases, legal apprentices can acquire a broad perspective and improve their ability to see things fairly and objectively. It is also conductive to enhancing mutual understating among legal professions. With these advantages, the unified training system is unique when compared internationally, and has been highly evaluated in Japan. Note 1: Following the reform of the legal training system...
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...requirements for democratic consolidation in transitional regimes of Turkey since 1950. Liberal democracy is identified as one possible ideal type of democracy within all possible frameworks. However, this thesis considers how the role of the independent judiciary, the rule of law, and the constitution are requirements for democratic consolidation in democratizing countries – yet, they are ultimately cultural constructions of the society in which they are formed. Challenges to judicial independence are also examined. In this regard, civil and political societies, the rule of law, and constitutionalism are interrelated and may produce different results. Furthermore,...
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...INSTITUTE Kingston Jamaica RESEARCH PROPOSAL “An examination of the Jamaican judicial system and the measures that can lead to a reduction in the high number of outstanding court cases.” Research Proposal submitted in partial fulfillment of the requirements of the course CPI To Lecturer: Mrs. E. Smith-Johnson By Travis Mais December 2012 TABLE OF CONTENTS Section 1 Introduction……………………………………………………………………....3 Statement of the Problem………………………………………………………...3 Rationale………………………………………………………………………...3 Purpose of the Study……………………………………………………………..3 Significance of the Study………………………………………………………..4 Background……………………………………………………………………....4 Section 2 Literature Review………………………………………………………………5-10 Section 3 Methodology…………………………………………………………………..11-14 Section 4 Data analysis…………………………………………………………………….15 Section 5 References………………………………………………………………………16 Section 1 1.0 Introduction The general purpose of this research is to determine how we can reduce the backlog of court cases and will increase confidence of the court system and the Jamaican citizens. This research has allowed us to identify several solutions to solve this long awaited problem that has been plaguing the Jamaican judicial system. 1.1 Statement of the Problem “An examination of the Jamaican judicial system and the measures that can lead to a reduction in the high number of outstanding court cases.” 1.2 Rationale This research topic is a result of the excessive stress placed on...
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...Venezuela is a major transit country for cocaine usually processed in Colombia. Law enforcement agencies estimate that over 100 metric tons of cocaine transit Venezuela annually. There are some indications that the quantity of drugs transiting Venezuela is increasing and that smuggling of Colombian heroin is a growing problem. Narcotics-related corruption remained a problem in legal and financial systems and within security forces. Moreover, the Venezuelan authorities need to do more to combat diversion of chemical precursors and money laundering and to address the problem of over-flights by drug trafficking aircraft. Venezuela continued to be a major drug transit country in 1998. Most large scale drug shipments transiting Venezuela originate in Colombia and are smuggled out of major Venezuelan ports in commercial cargo to the U.S. and Europe. Drugs are transported on commercial aircraft (either by drug mules or hidden in air cargo) and small aircraft through Venezuelan airspace. In addition, boats carrying drug shipments from Colombia pass through Venezuela's territorial waters on their way to Caribbean transshipment points. Venezuela is a transit country for essential chemicals, which are either exported legally to Colombia and other source countries, diverted for use in cocaine labs, or smuggled out of Venezuela for this purpose. For instance, gasoline and cement are exported legally from Venezuela to Colombia and then diverted for use in cocaine processing. In 1998...
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...distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period, helping local people to resolve civil disputes and to preserve harmony in the society. However, the Mao's economic reforms have brought some physical and social changes of the Chinese cities. Reforms...
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...I. The Right to a Trial by Jury: The Threat of Extinction, Limited Availability & Reduced Effectiveness Contrary to what may be a common public perception, jury trials are a dying breed in America. Jury trials have been declining steadily for the past thirty years. “If the trend continues, within the foreseeable future, civil jury trials in America may eventually become…extinct.” This may seem surprising because the U.S. Constitution ensures the right to a jury trial in criminal trials under the 6th Amendment and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works...
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...civil law, have great influence on such reforms. Civil law approach has numerous advantages as compared to the common law (Koch, 2004). Civil law judges normally dominate individual litigations and thus effective dispute resolution usually depends on competence of its judges as well as on assuring that the judges have authority to conduct their duties to best of their capacity and abilities (Koch, 2004). Most European nations and other countries such as French, Dutch, German and Portuguese follow civil law systems. English common law system on the other hand is followed in former English colonies including Australia and Canada (Koch, 2004). Common law is also followed in United States, though based on various constitutional statutes and laws ratified by congress, the U.S federal law encompasses a civil law system (Koch, 2004). The disadvantages and advantages of those two main systems is a continuing controversy. Written civil law dates back to times of Roman Empire and subsequently, the Germanic and Napoleonic codes created in 19th century (Koch, 2004). The term civil law is also referred to as statutory or codified law. Common law on the other hand derives from the English medieval common law system that was developed under Henry II in 12th century (Koch, 2004). Common law is also referred to as case law due to the fact that judgments are normally based on prior judicial decisions which have achieved status of rule of law for similar cases. An advantage of the American civil...
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