Other proposals include: appointing an independent layperson, instead of a judge, to head the selection panels for the lord chief justice and the president of the Supreme Court; transferring the lord chancellor's
judicial appointment powers below either the High Court or the Court of Appeal to the lord chief justice; and restricting judicial appointment commission involvement in selecting judicial office holders who do not require a legal qualification.
Not exact matches
«The implication of the above is that the
power of removal is shared between the President and the National Assembly in much the same way as the
power of
appointment is shared between the President and the National
Judicial Institute (NJI).»
clauses (2) and (3) of the 1992 Constitution, the
Judicial Council had a constitutional obligation to specifically advise the President as to which specific person (s) is / are suitable for
appointment to serve as Justice (s) of the Superior Courts of Judicature, in accordance with which advice the President is mandatorily required to exercise his
powers of
appointment.
(1) the inability to set rates of compensation «would unduly weaken the courts»
appointment power and ability to name an amicus of their choosing» (para 123); (2) «the integrity of the
judicial process would be imperilled» and should not be dependent upon the Crown (para 124); and (3) «the Attorney General's unilateral control over the remuneration of amici curiae might create an appearance of bias and place amici themselves in an unavoidable conflict of interest» (para 125).
Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the
appointment / removal of arbitrators, for the exercise of
judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.
And «If ostensible democratic societies are to persist with
judicial review, then a variety of steps can be taken — reduced
judicial powers, specialized constitutional courts, responsive
appointment procedures, legislative overrides, greater
judicial accountability, periodic constituent assembles, etc. — to de-sacralize and defrost the constitutional order.
Galati's challenge led to widespread public debate on both the
judicial appointment process and areas of the constitution and division of
powers.
The Conservative government made more than 700
judicial appointments during its nearly 10 years in
power and what surveys have been done suggest that the majority of them came from not only a narrow segment of the Canadian population but also a narrow segment of the legal profession.
SB 440 Amends or repeals approximately 70 statutes related to
Judicial Branch operations including matters such as the
appointment, compensation, duties, and qualifications of
Judicial Branch personnel; the treatment of records, papers, and documents held by the
Judicial Branch; the
powers, duties, and selection of judges and justices; the delegation of certain roles and activities within the
Judicial Branch; and budgeting procedures for district courts.
(1) the inability to set rates of compensation would unduly weaken the court's
appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the
judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral control by the Attorney General over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).
The issues canvassed in the green paper were revisited, including the role of the attorney general, treaties, the civil service, the
power to wage war, and
judicial appointments, but the scope of legislative change forecast in the document fell far short of the green paper proposals.