Sentences with phrase «of judicial independence in»

These posts (and the resulting commentary) provided rich fodder for the topic of judicial independence in constitutional law.

Not exact matches

Basic principles of judicial independence, outrageously violated in some countries, freedom of the legal profession, sometimes precarious and prone to pressure and punitive tactics, deserve emphasis.
Criticism of the scope of judicial power is often perceived by its partisans as, in effect, attacking the independence of the judiciary or even the ideal of judicial independence.
Former Manhattan US Attorney Preet Bharara took a shot at Trump's Justice Department, questioning its judicial independence in light of efforts by former NYC Mayor Rudy Giuliani to persuade «senior officials» to help him free a jailed businessman being prosecuted by Bharara's old office.
The United States notes with concern that the Parliament of Romania is considering legislation that could undermine the fight against corruption and weaken judicial independence in Romania.
The Polish parliament has approved government proposals to hand the ruling Law and Justice party (PiS) effective control of judicial appointments and the supreme court, in a move seen by critics as an erosion of judicial independence.
In the last years, EU have faced several cases of countries with judicial independence issues and I am wondering if there is a connection between party in power ideology and judicial independence / rule of law issueIn the last years, EU have faced several cases of countries with judicial independence issues and I am wondering if there is a connection between party in power ideology and judicial independence / rule of law issuein power ideology and judicial independence / rule of law issues.
European Commission President Jean - Claude Juncker and First Vice-President Frans Timmermans issued a joint statement expressing their concerns about the latest developments in Romania regarding the independence of the country's judicial system and its capacity to fight corruption.
Judicial nominations are important to Conservative and Independence parties because they allow minor parties to rake in a lot of money from fundraisers in the legal community.
They were also exposed to improving access to justice: the role of the media as a partner, press freedom and responsible journalism: Is the media a threat to judicial independence and the role of the public complaint unit in effective justice delivery.
Former Manhattan US Attorney Preet Bharara took a shot at President Trump's Justice Department on Thursday, questioning its judicial independence in light of efforts by former Mayor Rudy Giuliani to...
«The independence of Romania's judicial system and its capacity to fight corruption effectively are essential cornerstones of a strong Romania in the European Union,» the European Commission said in a statement.
At the first time of asking, she pathetically abandoned her oath to uphold judicial independence, and acquiesced through her silence in the vicious vendetta plotted against the judges by the tabloid media, Ukip and the lunatic fringes of Truss» own party.
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.
It's also meant to ensure it doesn't «give the appearance of compromising judicial impartiality and independence (including independence from the political process)» while keeping a judge from taking a position on issues that might ultimately wind up before the courts, he argues in the memo.
In some countries, notably in the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while maintaining judicial independencIn some countries, notably in the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while maintaining judicial independencin the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while maintaining judicial independence.
Hong Kong is also proud of its judicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbitjudicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbitJudicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbitration).
We should be looking at how to sell a story about access to justice, judicial independence, or the Rule of Law in a way that does not just reaffirm lawyers» self image, but actually alters awareness and behaviour on a grander scale.
Even in the best of times, judicial independence requires constant vigilance, particularly by lawyers.
In emerging democracies and transitioning states throughout the world, the Judicial Reform Index is an innovative tool developed by the ABA Rule of Law Initiative to assess states» judicial reform and judicial indepJudicial Reform Index is an innovative tool developed by the ABA Rule of Law Initiative to assess states» judicial reform and judicial indepjudicial reform and judicial indepjudicial independence.
Such revision and control we deemed radically inconsistent with the independence of that judicial power which is vested in the courts, and consequently with that important principle which is so strictly observed by the Constitution of the United States.»
Because of how the principle of judicial independence is interpreted by courts, the original trial judge in this case could not be asked why it had taken 9 months to reach a verdict, and could not be questioned whether the delay was due to the complexity of the case, the judge's workload, or other personal reasons, such as illness.
(1) The TLABC submitted that the hearing fees wrongly impede access to justice, wrongly sell justice, and wrongly impede access to a superior court in violation of s. 96 of the Constitution Act, 1867 thereby interfering with judicial independence.
In this respect, the AGBC's position that as long as the government does not interfere with the cases the court is permitted to hear judicial independence is respected, is an inappropriately constricted view of the court's constitutional place.
* 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.
«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.
In his judicial review application, Girouard argues the process followed so far by the CJC has «generally been in a manner that infringes upon the independence of federally appointed judges.&raquIn his judicial review application, Girouard argues the process followed so far by the CJC has «generally been in a manner that infringes upon the independence of federally appointed judges.&raquin a manner that infringes upon the independence of federally appointed judges.»
Most importantly, it would enhance judicial and decisional independence in a way that would strengthen the public's perception of having been afforded a fair and impartial hearing in administrative proceedings.
However, David Thomas, doyen of sentencing experts, having expressed his opposition to the whole idea of a Sentencing Commission, said that if one was established, he had «grave doubts about the wisdom of involving serving senior judges in the activities of such a body... as there is a tendency to confuse the roles of the judges in their different capacities and a consequent tendency to compromise judicial independence
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».
Citing President Eisenhower's 1957 use of the 101st Airborne to enforce school desegregation in Little Rock, in furtherance of a federal judge's order, Breyer suggested that courts use such great moments in law to help teach the importance of judicial independence.
In doing so, he compromised the appearance of judicial independence essential to a fair trial,» wrote the Court of Appeal.
In an unprecedented move that reflects a climate of judicial concern over the BC Justice Reform initiative, the three Chief Justices of BC's courts issued a five page statement on judicial independence today.
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
The Chair of the Oklahoma Senate Judiciary Committee has introduced a pair of bills last week that would effectively put control over the Code of Judicial Conduct into the hands of the legislature, remove references to judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislaturJudicial Conduct into the hands of the legislature, remove references to judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislaturjudicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislature first.
«The federal courts have legitimate concerns that the imposition of shared IT services may challenge their judicial independence,» says Murphy, who is not involved in the matter and makes his comments generally.
Thus did Obama pay respect to Justice Stevens» view that this gesture honors values of separation of powers and judicial independence embedded in our Constitution.
Many of the changes that occurred in the first years of the 1990s were symbolic ones, with the effect of unifying the judges and justices of the peace, while clearly demonstrating the judicial independence of the new Court.
[48] An interesting historical note — this letter was originally drafted by those in the Office of the Chief Justice of the Provincial Division and serves as a strong indication of the Court's commitment to judicial independence and its growing reputation.
Judicial independence is often justified, both in the decisions of the courts and in the broader public discourse, by the need to maintain public confidence in the administration of justice.
Plaintiff contends the judge abandoned any and all independence in judicial discretion or liberty he may have wished to exercise when, he accepted the introduction of the legal briefs submitted by counsel.
In a country where judicial independence and impartiality is considered axiomatic, faith in the administration of justice and confidence in the courts should be supported by evidencIn a country where judicial independence and impartiality is considered axiomatic, faith in the administration of justice and confidence in the courts should be supported by evidencin the administration of justice and confidence in the courts should be supported by evidencin the courts should be supported by evidence.
The difficulty with the MoJ's proposal is the Janus - like character of its basic premise, that a DPA will enable a company to have certainty about the sanction it would face while judicial independence or primacy in the realm of sentencing will be preserved.
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.
Public confidence in the courts can not be the foundation of judicial independence.
What this yields is the proposition that the obligation on Member States in Article 19 TEU includes a guarantee of judicial independence.
The committee concluded «that Justice Camp's conduct in the Wagar Trial was so manifestly and profoundly destructive of the concept of the impartiality, integrity and independence of the judicial role that public confidence is sufficiently undermined to render the Judge incapable of executing the judicial office.
Data is relatively limited and fairly dated as to the diversity composition of various state benches; most authorities cite a report by the American Bar Association Standing Committee on Judicial Independence (first published in 2004 and updated last in 2010) or a 2009 compilation of data by the American Judicature Society.
A judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge's independence, integrity, or impartiality, or create an appearance of impropriety.
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