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Hearing on the Report of the Chief Justice of Gibraltar
[2009] UKPC 43 Privy Council No 0016 of 2009 HEARING ON THE REPORT OF THE CHIEF JUSTICE OF GIBRALTAR REFERRAL UNDER SECTION 4 OF THE JUDICIAL COMMITTEE ACT 1833 before Lord Phillips Lord Hope Lord Rodger Lady Hale Lord Brown Lord Judge Lord Clarke ADVICE DELIVERED ON 12 November 2009 Heard on 15,16, 17, and 18 June 2009 Chief Justice of Gibraltar Governor of Gibraltar Michael Beloff QC Timothy Otty QC Paul Stanley (Instructed by Clifford (Instructed by Charles Chance LLP) Gomez & Co and Carter Ruck) Government of Gibraltar James Eadie QC (Instructed by R J M Garcia) LORD PHILLIPS : 1. The task of the Committee is to advise Her Majesty whether The Hon. Mr Justice Schofield, Chief Justice of Gibraltar, should be removed from office by reason of inability to discharge the functions of his office or for misbehaviour. The independence of the judiciary requires that a judge should never be removed without good cause and that the question of removal be determined by an appropriate independent and impartial tribunal. This principle applies with particular force where the judge in question is a Chief Justice. In this case the latter requirement has been abundantly satisfied both by the composition of the Tribunal that conducted the initial enquiry into the relevant facts and by the composition of this Committee. This is the advice of the majority of the Committee, namely, Lord Phillips, Lord Brown, Lord Judge and Lord Clarke. Security of tenure of judicial office under the Constitution 2. Gibraltar has two senior judges, the Chief Justice and a second Puisne Judge. -
Part 05.Indd
PART MISCELLANEOUS 5 TOPICS Awards and Honours Y NATIONAL AWARDS NATIONAL COMMUNAL Mohd. Hanif Khan Shastri and the HARMONY AWARDS 2009 Center for Human Rights and Social (announced in January 2010) Welfare, Rajasthan MOORTI DEVI AWARD Union law Minister Verrappa Moily KOYA NATIONAL JOURNALISM A G Noorani and NDTV Group AWARD 2009 Editor Barkha Dutt. LAL BAHADUR SHASTRI Sunil Mittal AWARD 2009 KALINGA PRIZE (UNESCO’S) Renowned scientist Yash Pal jointly with Prof Trinh Xuan Thuan of Vietnam RAJIV GANDHI NATIONAL GAIL (India) for the large scale QUALITY AWARD manufacturing industries category OLOF PLAME PRIZE 2009 Carsten Jensen NAYUDAMMA AWARD 2009 V. K. Saraswat MALCOLM ADISESHIAH Dr C.P. Chandrasekhar of Centre AWARD 2009 for Economic Studies and Planning, School of Social Sciences, Jawaharlal Nehru University, New Delhi. INDU SHARMA KATHA SAMMAN Mr Mohan Rana and Mr Bhagwan AWARD 2009 Dass Morwal PHALKE RATAN AWARD 2009 Actor Manoj Kumar SHANTI SWARUP BHATNAGAR Charusita Chakravarti – IIT Delhi, AWARDS 2008-2009 Santosh G. Honavar – L.V. Prasad Eye Institute; S.K. Satheesh –Indian Institute of Science; Amitabh Joshi and Bhaskar Shah – Biological Science; Giridhar Madras and Jayant Ramaswamy Harsita – Eengineering Science; R. Gopakumar and A. Dhar- Physical Science; Narayanswamy Jayraman – Chemical Science, and Verapally Suresh – Mathematical Science. NATIONAL MINORITY RIGHTS MM Tirmizi, advocate – Gujarat AWARD 2009 High Court 55th Filmfare Awards Best Actor (Male) Amitabh Bachchan–Paa; (Female) Vidya Balan–Paa Best Film 3 Idiots; Best Director Rajkumar Hirani–3 Idiots; Best Story Abhijat Joshi, Rajkumar Hirani–3 Idiots Best Actor in a Supporting Role (Male) Boman Irani–3 Idiots; (Female) Kalki Koechlin–Dev D Best Screenplay Rajkumar Hirani, Vidhu Vinod Chopra, Abhijat Joshi–3 Idiots; Best Choreography Bosco-Caesar–Chor Bazaari Love Aaj Kal Best Dialogue Rajkumar Hirani, Vidhu Vinod Chopra–3 idiots Best Cinematography Rajeev Rai–Dev D Life- time Achievement Award Shashi Kapoor–Khayyam R D Burman Music Award Amit Tivedi. -
The Appointment, Tenure and Removal of Judges Under Commonwealth
The The Appointment, Tenure and Removal of Judges under Commonwealth Principles Appoin An independent, impartial and competent judiciary is essential to the rule tmen of law. This study considers the legal frameworks used to achieve this and examines trends in the 53 member states of the Commonwealth. It asks: t, Te ! who should appoint judges and by what process? nur The Appointment, Tenure ! what should be the duration of judicial tenure and how should judges’ remuneration be determined? e and and Removal of Judges ! what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries? Re mo under Commonwealth The study notes the increasing use of independent judicial appointment va commissions; the preference for permanent rather than fixed-term judicial l of Principles appointments; the fuller articulation of procedural safeguards necessary Judge to inquiries into judicial misconduct; and many other developments with implications for strengthening the rule of law. s A Compendium and Analysis under These findings form the basis for recommendations on best practice in giving effect to the Commonwealth Latimer House Principles (2003), the leading of Best Practice Commonwealth statement on the responsibilities and interactions of the three Co mmon main branches of government. we This research was commissioned by the Commonwealth Secretariat, and undertaken and alth produced independently by the Bingham Centre for the Rule of Law. The Centre is part of the British Institute of International and -
Commentary on the Bangalore Principles of Judicial Conduct
COMMENTARY ON THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCT THE JUDICIAL INTEGRITY GROUP March 2007 2 CONTENTS PREFACE … 5 ACKNOWLEDGMENTS … 7 DRAFTING HISTORY … 9 PREAMBLE … 19 Value 1: INDEPENDENCE … 35 Value 2: IMPARTIALITY … 53 Value 3: INTEGRITY … 73 Value 4: PROPRIETY … 79 Value 5: EQUALITY … 111 Value 6: COMPETENCE AND DILIGENCE … 119 IMPLEMENTATION … 131 DEFINITIONS … 133 Appendix: CULTURAL AND RELIGIOUS TRADITIONS … 135 SELECT BIBLIOGRAPHY … 147 INDEX … 151 3 4 PREFACE A judiciary of undisputed integrity is the bedrock institution essential for ensuring compliance with democracy and the rule of law. Even when all other protections fail, it provides a bulwark to the public against any encroachments on its rights and freedoms under the law. These observations apply both domestically within the context of each nation State and globally, viewing the global judiciary as one great bastion of the rule of law throughout the world. Ensuring the integrity of the global judiciary is thus a task to which much energy, skill and experience must be devoted. This is precisely what the Judicial Group on Strengthening Judicial Integrity (The Judicial Integrity Group) has sought to do since it set out on this task in 2000. It commenced as an informal group of Chief Justices and Superior Court Judges from around the world who combined their experience and skill with a sense of dedication to this noble task. Since then, its work and achievements have grown to a point where they have made a significant impact on the global judicial scene. The principles tentatively worked out originally have received increasing acceptance over the past few years from the different sectors of the global judiciary and from international agencies interested in the integrity of the judicial process. -
Download the Guide
A Guide to Brexit Terminology This glossary has been designed to explain some of the key terms used in relation to Brexit. At the end of the glossary are links to additional resources and originals of key documents. The Glossary is not designed to be an exhaustive list and the authors hope that you find the explanations of key terms helpful. The UK which voted to join the EU had a different constitution to the UK that voted to leave the EU. This is reflected by some of the terminology used in the glossary and the inclusion of reference to the legislatures in Scotland, Wales and Northern Ireland. A | B | C | D | E | F | G | H | I | J | K | L | M | N |O| P | Q | R | S | T | U | V | W | X | Y | Z | A to Z of Brexit terms February 01 2019 version pg. 1 Advisory The Brexit referendum is often described as ‘only advisory’. The referendum was authorised and conducted under the European Union Referendum Act 2015. It is advisory because Parliament is sovereign and because the Act contained no enabling legislation. Enabling provisions are ones which explicitly state that Parliament is legally bound to implement the outcome of the referendum. Hence, Parliament was not legally obliged to enact the outcome of the Brexit referendum. In contrast, for countries with codified constitutions, the outcome of a referendum ‘may’, in some instances bind both parliament and the government to implement its result. In Britain, however, with an uncodified constitution, it is possible for the government to promise in advance that it would respect the result, but that promise would be only political and not legally binding as parliament cannot be bound be a previous parliament; it can change its mind. -
Gibraltar's Constitutional Future
RESEARCH PAPER 02/37 Gibraltar’s Constitutional 22 MAY 2002 Future “Our aims remain to agree proposals covering all outstanding issues, including those of co-operation and sovereignty. The guiding principle of those proposals is to build a secure, stable and prosperous future for Gibraltar and a modern sustainable status consistent with British and Spanish membership of the European Union and NATO. The proposals will rest on four important pillars: safeguarding Gibraltar's way of life; measures of practical co-operation underpinned by economic assistance to secure normalisation of relations with Spain and the EU; extended self-government; and sovereignty”. Peter Hain, HC Deb, 31 January 2002, c.137WH. In July 2001 the British and Spanish Governments embarked on a new round of negotiations under the auspices of the Brussels Process to resolve the sovereignty dispute over Gibraltar. They aim to reach agreement on all unresolved issues by the summer of 2002. The results will be put to a referendum in Gibraltar. The Government of Gibraltar has objected to the process and has rejected any arrangement involving shared sovereignty between Britain and Spain. Gibraltar is pressing for the right of self-determination with regard to its constitutional future. The Brussels Process covers a wide range of topics for discussion. This paper looks primarily at the sovereignty debate. It also considers how the Gibraltar issue has been dealt with at the United Nations. Vaughne Miller INTERNATIONAL AFFAIRS AND DEFENCE SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: List of 15 most recent RPs 02/22 Social Indicators 10.04.02 02/23 The Patents Act 1977 (Amendment) (No. -
This Is a Pre-Copyedited, Author-Produced Version of an Article Accepted for Publication in the Journal of International and Comparative Law Following Peer Review
This is a pre-copyedited, author-produced version of an article accepted for publication in the Journal of International and Comparative Law following peer review. The definitive published version for Hatchard, John (2016). Some Thoughts on Judicial Integrity, Corruption and Accountability in Small Commonwealth African States, Journal of International and Comparative Law 3 (1), pp. 55-72 is available online on Westlaw UK or from Thomson Reuters DocDel service. 1 | P a g e JUDICIAL INTEGRITY, CORRUPTION AND ACCOUNTABILITY IN SMALL COMMONWEALTH AFRICAN STATES John Hatchard1 ‘We live in an era of greater public demand for accountability of the Judiciary. It is no longer considered a sacrosanct and inviolable haven of its occupants’. (Justice Anthony Gubbay)2 ‘We do not fear criticism, nor do we resent it’. (Lord Denning M.R.)3 Abstract: This article addresses some of the key challenges that judges in small states face in seeking to maintain judicial independence and uphold judicial integrity. It explores their appropriate reaction to public criticism of judgments, including the extent to which judges themselves and/or members of their family should use the media to respond to such criticism. The article then considers the appropriate response of judges to media allegations of judicial corruption and impropriety and argues, in particular, against the retention of the criminal offence of scandalising the court. A highly publicised dispute between two senior judges in Lesotho then highlights the importance of judges respecting the Values of ‘Integrity’ and ‘Propriety’ enshrined in the Bangalore Principles of Judicial Conduct. Keywords: small states; Commonwealth Africa; judicial response to criticism; corruption allegations against judges by the media; offence of scandalising the court; upholding judicial integrity. -
January 2017
January 2017 ROCK TALK Issue 12 1 Contents Editorials 2 Varied Career in Law in Gibraltar 18 Chairman‟s Letter 3 News from GHT 20 Diary of Society Events 2019 4 Witham‟s Cemetery 22 Report of Events 5 Devon to Gibraltar and back 24 Annual Friends‟ visit to Gibraltar 5 Nelson‟s Table – Fact or Fiction? 27 News from the Rock (Gibraltar House) 8 Gibraltar Street Names 28 London Talks 9 Gifts from the Friends 30 Annual Seminar and AGM 10 GGPE 60th Anniversary 30 Christmas Party report 13 Out and About in Gibraltar 31 Friends‟ Donations and Projects 14 Minutes of AGM 33 Membership Secretary‟s Jottings 15 Membership Form 35 My Rock Book 16 Editorials A belated Happy New year to all members and developments, and is an interesting read. readers of this edition of Rock Talk. We wish you a prosperous 2019, and hope to 2019 promises to be an interesting year in so see you in Gibraltar at some point over the many respects but one in particular sticks out like year. a 'sore thumb'. As we pen this editorial, the British Brian & Liz Gonzalez Parliament is in turmoil and this coming Tuesday will determine the future of the United Kingdom Another busy year for the society has come and Gibraltar vis a vis our future relationship with and gone, with the full range of events and Europe. By the time you read this we will be in a support for heritage projects in Gibraltar. better (or worse) position as to this 'relationship'. This issue hopes to update the membership We hope that politicians of all political colours on the various activities, and includes unite to deliver what is best for the United Kingdom and Gibraltar. -
Departamento De Malvinas, Antártida E Islas Del Atlántico Sur
Instituto de Relaciones Internacionales (IRI) - Anuario 2011 Departamento de Malvinas, Antártida e Islas del Atlántico Sur Considerando que este pequeño aporte puede ser de gran ayuda para todos aquellos que tengan interés en este sector geográfico, que por otra parte integra el problema de soberanía que mantenemos con el Reino Unido, y por ende de nuestros intereses en la Antártida, retomamos – como lo habíamos hecho con anterioridad – con la transcripción textual de las noticias aparecidas en el periódico MercoPress - South Atlantic News Agency (http://mercopress.com/), abarcando todos los temas que - a criterio de la suscripta – puedan tener relación tanto con el tema antártico como con las Islas Malvinas María Elena Baquedano Departamento de Malvinas, Antártida e Islas del Atlántico Sur MERCOPRESS. Monday, January 4th 2010 - 07:56 UTC Argentina recalls events of 1833 and reiterates Malvinas claim On the 177th anniversary of the “illegitimate occupation” by the United Kingdom of the Malvinas Islands, Argentina “repudiates” events of 3 January 1833 and calls on the UK to comply with the mandate of the international community and find a peaceful solution to the conflict. Liberation monument dedicated to the British troops that recovered the Falklands in June 1982 Liberation monument dedicated to the British troops that recovered the Falklands in June 1982 1 Instituto de Relaciones Internacionales (IRI) - Anuario 2011 An official communiqué from the Foreign Affairs Ministry released Sunday in Buenos Aires states that Argentina considers “incomprehensible the British negative to address the heart of the matter and to find a peaceful and definitive solution to the sovereignty controversy”, according to the international community mandate. -
Monday 16Th December 2019
P R O C E E D I N G S O F T H E G I B R A L T A R P A R L I A M E N T AFTERNOON SESSION: 3.34 p.m. – 6.19 p.m. Gibraltar, Monday, 16th December 2019 Contents Prayer ............................................................................................................................................... 3 Confirmation of Minutes .................................................................................................................. 3 Communications from the Chair ...................................................................................................... 3 Recognition of Hon. K Azopardi as Her Majesty’s Leader of the Opposition .......................... 3 Papers to be laid ............................................................................................................................... 3 Announcements ............................................................................................................................... 4 UK General Election result and Brexit – Statement by the Chief Minister ............................... 4 Questions for Oral Answer ................................................................................................... 11 Housing, Youth and Sport ............................................................................................................... 11 Q149/2019 Victoria Stadium floodlights – Responsibility for maintenance .......................... 11 Q150/2019 Newly built sports facilities – Outstanding remedial works and completion ..... 12 Q151/2019 -
Press Release
PRESS RELEASE No. 119/2015 Date: 26th February 2015 Opposition created the fishing issue that they are now complaining about The latest statement from the Opposition on the enforcement of the law against fishing with nets shows that they have no policy on anything except misleading and confusing public opinion. The GSLP/Liberals in Opposition were against the 1999 fishing agreement from the moment that it was entered into by the previous Chief Minister and a group of Spanish fishermen. The latest statement from the GSD exemplifies how embarrassed Daniel Feetham seems to be about those actions of Sir Peter Caruana - despite having called him "the greatest Gibraltarian of all time." The fact is that there is today illegal fishing by Spanish fishermen because the GSD, which Mr Feetham leads, allowed it to happen and created the problem in the first place. It will be recalled that the agreement purported to allow fishing with nets even though this was against the law. It established a regime whereby Spanish fishermen could fish with impunity inside British Gibraltar Territorial Waters provided that they did so at a certain distance, in certain locations, in certain numbers and with certain methods. Therefore the regime that the GSD created when they were in office was not only illegal at base, it was also discriminatory in its application. It therefore should surprise nobody that the 2011 manifesto of the parties in Government contained a reference to no longer be bound by the 1999 fishing agreement and that once in Government this commitment was acted upon. However, what is surprising is the newly found zeal on the part of the GSD Opposition to champion this issue when they did the exact opposite of what they are saying now from 1999 until 2011. -
Feb/March/April 2014 Volume 20/ Number 1
GIBRALTFebA/March/RApril 2014 I NTER NATIONAL F I N A N C E n I N V E S T M E N T n B U S I N E S S Race begins to dig into new office projects www.gibraltarinternational.com Sponsors Gibraltar International Magazine is grateful for the support of the finance industry and allied services (with the encouragement of the Finance Council) in the form of committed sponsorship. We would like to thank the following sponsors: GIBRALTAR FINANCE CENTRE Tel: + (350) 200 50011 • Fax: + (350) 200 51818 www.gibraltar.gov.gi DELOITTE ABACUS FINANCIAL SERVICES LIMITED Tel: + (350) 200 41200 • Fax + (350) 200 41201 Tel: + (350) 200 78777 www.deloitte.gi Fax: + (350) 200 76689 EUROPA TRUST COMPANY LIMITED www.abacus.gi Tel: + (350) 200 79013 • Fax + (350) 200 70101 QUEST INSURANCE MANAGEMENT LTD. www.europa.gi Tel: + (350) 200 74570 • Fax + (350) 200 40901 HASSANS www.quest.gi Tel: + (350) 200 79000 • Fax + (350) 200 71966 GIBTELECOM time after time www.gibraltarlaw.com Tel: + (350) 200 52200 • Fax: + (350) 200 71673 GRANT THORNTON www.gibtele.com 5SJBZBOE5SJBZXBTFTUBCMJTIFEJO Gibraltar’s Lawyers Since 1905 Tel: + (350) 200 45502 • Fax: + (350) 200 51071 KPMG BOETUJMMSFNBJOTBUUIFGPSFGSPOUPGUIFMFHBM t$PSQPSBUF$PNNFSDJBM www.grantthornton.gi Tel: + (350) 200 48600 • Fax: + (350) 200 49554 QSPGFTTJPOJO(JCSBMUBS XJUIBUSJFEBOEUSVTUFE t&NQMPZNFOU BAKER TILLY (GIBRALTAR) LTD www.kpmg.gi SFQVUBUJPOGPSFYDFMMFODFBNPOHTU t'BNJMZ Tel: + (350) 200 74015 • Fax: + (350) 200 74016 SAPPHIRE NETWORKS www.bakertillygibraltar.gi PVSDMJFOUTBOEQFFST t'JOBODJBM4FSWJDFT*OWFTUNFOU'VOET