She notes that there is no convention preventing the enactment of legislation denying the federal courts, or specifically the Supreme Court, the jurisdiction over certain types of cases, although in her view «the protection
for judicial independence would be far stronger if there were a convention leading officials not even to propose, much less seriously consider, jurisdiction - stripping bills».
We hope to forge a line of communication with all levels of government that will facilitate better understanding and respect for our respective responsibilities and
for judicial independence.
In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards
for judicial independence.
The majority holds that «concern
for judicial independence» is a reason for «judges to use their inherent jurisdiction to enter the field of political matters» (para 41).
Courts» inherent or implied jurisdiction does not allow courts «to enter the field of political matters such as the allocation of public funds, absent a Charter challenge or concern
for judicial independence» (para 41).
However, according to Murphy, the implications
for judicial independence resulting from the imposition of shared IT services on our federal courts do not appear to have been considered.
Apart from the issue of garnering sufficient resources, administrative courts face a more compelling hurdle — fighting the battle
for judicial independence.
He said professional ethical journalism is an indispensable tool
for judicial independence and accountability.
Not exact matches
The law provides
for an independent judiciary, and the government generally respected
judicial independence.
And Mr. Boyle will appear on the
Independence Party line as a
judicial candidate
for State Supreme Court.
Onnoghen, who had served in acting capacity
for four months, had his appointment confirmed by the Bukola Saraki - led Senate after series of questions which bordered on
independence of the judiciary,
judicial reforms, corruption in the Judiciary as well as disobedience of Court orders.
The Foreign Office is unlikely to accept the proposal
for a trial in Russia on the grounds that the British government does not respect the
independence of the Russian
judicial system, however.
As a result, Meyer will then be able to decline the
Independence line in the executive race due to running
for a
judicial post; Meyer also is expected to decline the Reform Party nomination.
«My mission is to build a first - class judiciary
for our dear country espoused on seven key policy factors;
judicial temperament, competence, ethics,
independence,
judicial skills, health and character.»
Linda Murray, Candidate
for NYS Supreme Court, 9th
Judicial District (Republican,
Independence, Conservative) During the past 20 years I have served as a Queens County Prosecutor, Trial Attorney, Municipal Attorney, and attorney in private practice.
For some front pages, this was a display of
judicial independence too far
Keywords: Asia, Cambodia, CCC, CIVICUS, Civil society, Cooperation Committee
for Cambodia, Cybercrime, Forum - Asia, GCAP, Global Call to Action Against Poverty, Human Rights, IFP, International Forum of National NGO Platforms,
judicial independence, land grabs, SEACA, Trade Unions.
Category: Asia, End Poverty and Hunger, English, global citizenship education, Millennium Development Goals, NGO, Voluntary Association, Your experiences, Your ideas · Tags: Asia, Cambodia, CCC, CIVICUS, civil society, Cooperation Committee
for Cambodia, Cybercrime, Forum - Asia, GCAP, Global Call to Action against Poverty, Human Rights, IFP, International Forum of National NGO Platforms,
judicial independence, land grabs, SEACA, Trade Unions
Today, Ikeda calls
for giving «education a status and
independence equal to that accorded the executive, legislative and
judicial branches of government.»
One day after the Canadian
Judicial Council issued its recommendation to not remove Justice Michel Girouard from the bench — despite a suspicious video of an alleged drug deal — a legal academic is pointing to a glaring lack of independence for judicial misconduct and a possible double s
Judicial Council issued its recommendation to not remove Justice Michel Girouard from the bench — despite a suspicious video of an alleged drug deal — a legal academic is pointing to a glaring lack of
independence for judicial misconduct and a possible double s
judicial misconduct and a possible double standard.
(
For a detailed treatment of the subject, please see «
Judicial Independence and Accountability: The Right and the Wrong Kind,» by the author.)
Have we instead been a part of a circular firing squad that has only made it easier
for these outside forces to undermine
judicial independence?
Home Daily News Fees and fines threaten
judicial independence Defending Justice By Matthew Menendez Posted April 19, 2018, 7:00 am CDT Matthew Menendez
For more than a decade, state court systems have been chronically underfunded.
* Study and explore the possibility of the development of a
judicial protocol with the aim to: * Allow
for communication among judges in overlapping class actions proceedings * Coordinate and harmonize activities in proposed overlapping class proceedings in order to maximize efficiency, reduce costs and avoid the duplication of effort; * Honour the
independence and integrity of the superior courts while promoting inter-provincial cooperation and respect
for comity; * Implement a framework of general principles to address basic administrative issues arising out of national and multijurisdictional class actions; and * Provide
for nationally - accepted carriage motions.
As you can see, social media and social media content raise serious issues
for the judiciary, with regards to
independence, integrity and ethical standards, admissibility of evidence, the availability of ex parte information, the extent of
judicial notice, practice rules, the right to a fair trial and juror conduct.
«I am confident that, with the wealth of experience she has gained over a distinguished thirty ‑ year career, she will be a valuable addition to the Supreme Court, an institution well respected in Canada and around the world
for its strength,
independence, and
judicial excellence,» Trudeau said in a media release Wednesday morning.
Writing in this week's NLJ, columnist Jon Robins notes that he spoke up
for the principle of
judicial independence during the Article 50 Supreme Court case last November, when the Daily Mail attacked the judges as «Enemies of the people».
The caliber of jurists on the Committee is also motivating
for law students seeking to gain a better understanding of why
judicial independence is a significant issue.
Judicial control over the matters [of] assignment of judges, sittings of the court, and court lists — as well as the related matters of allocation of court rooms and direction of the administrative staff engaged in carrying out these functions, has generally been considered the essential or minimum requirement
for institutional or «collective»
independence.»
Similarly, judges adjudicate claims, and their duties are those necessary
for lawful and proper adjudication, most obviously
independence, integrity, impartiality, diligence and respect
for equality (Canadian
Judicial Council's Ethical Principles
for Judges).
Now, when you add the component of this mad scramble to raise money and to spend money, it becomes even worse
for the obvious reason that we're concerned that there will be either the perception or the reality that
judicial independence is undermined.
From that followed this secondary message: Term limits
for judges threaten
judicial independence and therefore threaten the First Amendment.
Pasipanodya will be a panelist
for «Structural Constraints on
Judicial Arbitrators»
Independence?
A dispute over the legality of a politically questionable
judicial appointment has resulted in what pundits call a stinging defeat
for Canada's prime minister and a bold assertion by the Supreme Court of Canada of its
independence and constitutional status.
Opponents of court reform have targeted ethical rules aimed at promoting the integrity and
independence of the judiciary; public financing
for judicial elections; and the use of nonpartisan merit commissions to screen
judicial nominees.
The Moroccan constitution provides
for an independent judiciary, and, as in previous years, NGOs asserted that corruption and extrajudicial influence weakened
judicial independence.
Topics covered include the transition to the bench, ethical principles
for justices of the peace and
judicial conduct, the structure of the courts, the role of precedent in the common law; the adversarial system; onus and standards of proof;
judicial independence and impartiality; and discrimination and harassment.
In the final paragraph, EPLAW therefore «urges the Council to use this opportunity to propose an amendment to Article 11 EPC and in any event to critically review the Guidelines
for Investigation [the basis on which the suspension happened] so as to avoid any further concern with respect to the principle of
judicial independence at the EPO.»
Linden had achieved administrative
independence for the Court, while Lennox personified and promoted the highest standards of
judicial excellence.
The Administrative Council plays a key role in the «reign of terror» that tries to discourage EPO staff, including judges, from fighting
for basic human rights and one of the most fundamental values of the civilized world:
judicial independence.
Added to these responsibilities, since the 1990s, judges have assumed new and larger roles in case management in keeping with the recognition of their
judicial independence for scheduling matters in the Court.
In some legislations on the other hand there is no provision at all
for judicial supervision of expert opinions (Cyprus, Greece, Latvia), experts preparing and writing their reports in complete
independence.
He has carried out extensive work on the Commonwealth (Latimer House) Principles on
Judicial Independence and Parliamentary Sovereignty, and
for some years has been a member of the Latimer House Working Group.
These posts (and the resulting commentary) provided rich fodder
for the topic of
judicial independence in constitutional law.
The Canadian
Judicial Council in its Ethical Principles for Judgesrecognizes that restraining judicial public expression requires a balancing of freedom of expression with the importance of impartiality and independence (a
Judicial Council in its Ethical Principles
for Judgesrecognizes that restraining
judicial public expression requires a balancing of freedom of expression with the importance of impartiality and independence (a
judicial public expression requires a balancing of freedom of expression with the importance of impartiality and
independence (at D. 5):
The Inquiry Committee suggests that it is fundamentally inappropriate and an improper intrusion on
judicial independence for its process to be subjected to interlocutory
judicial review before the Federal Court:
On their face, however, they do raise three issues that seem prima facie of concern: 1) the legitimacy of having rulings by the Federal Court about its process without any submissions made on the Committee's behalf; 2) the legitimacy of the Federal Court reviewing the Committee's conduct on an interlocutory basis; and 3) the legitimacy of the Federal Court intervening in a process designed to respect
judicial independence, and to provide a mechanism
for implementing s. 99 of the Constitution.
Judicial independence exists and is zealously guarded and constitutionally protected — we are told (by judges)-- not
for the personal benefit of judges, but
for the greater good of Canadians.
The
judicial tribunals on which this book focuses are the same executive branch organizations that, as noted above, were called «
judicial tribunals» in the McRuer Report; the same organizations that, in 1990, Ed Ratushny's Report on the
Independence of Federal Administrative Tribunals and Agencies described as «tribunals which are adjudicative» and
for which it recommended the label «tribunal» be exclusively reserved; and the same organizations that in 1991 the late Chief Justice of Canada Antonio Lamer, in a keynote speech to the conference of the Council of Canadian Administrative Tribunals, referred to as bodies that are «created to operate essentially as adjudicators... in a manner that is similar to the function of the judiciary... [and] expected to dispense justice in the same sense as the courts of law.»
Perhaps prof. Grove might have paid more attention to what the principle of
judicial independence means — and,
for instance, to whether it actually requires restrictions on legislatures» ability to limit courts» jurisdiction.