General Assembly Distr.: General 16 December 2002 English
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United States Canada
Comparative Table of the Supreme Courts of the United States and Canada United States Canada Foundations Model State judiciaries vs. independent and Unitary model (single hierarchy) where parallel federal judiciary provinces appoint the lowest court in the province and the federal government appoints judges to all higher courts “The judicial Power of the United “Parliament of Canada may … provide for the States, shall be vested in one Constitution, Maintenance, and Organization of Constitutional supreme Court” Constitution of the a General Court of Appeal for Canada” Authority United States, Art. III, s. 1 Constitution Act, 1867, ss. 101 mandatory: “the judicial Power of optional: “Parliament of Canada may … provide the United States, shall be vested in for … a General Court of Appeal for Canada” (CA Creation and one supreme Court” Art III. s. 1 1867, s. 101; first Supreme Court Act in 1875, Retention of the (inferior courts are discretionary) after debate; not constitutionally entrenched by Supreme Court quasi-constitutional convention constitutionally entrenched Previous higher appeals to the Judicial Committee of the Privy judicial Council were abolished in 1949 authority Enabling Judiciary Act Supreme Court Act, R.S.C. 1985, c. S-26 Legislation “all Cases, in Law and Equity, arising “a General Court of Appeal for Canada” confers under this Constitution” Art III, s. 2 plenary and ultimate authority “the Laws of the United States and Treaties made … under their Authority” Art III, s. 2 “Ambassadors, other public Ministers and Consuls” (orig. jur.) Jurisdiction of Art III, s. 2 Supreme Court “all Cases of admiralty and maritime Jurisdiction” Art III, s. -
Uganda's Constitution of 1995 with Amendments Through 2017
PDF generated: 26 Aug 2021, 16:53 constituteproject.org Uganda's Constitution of 1995 with Amendments through 2017 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:53 Table of contents Preamble . 14 NATIONAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY . 14 General . 14 I. Implementation of objectives . 14 Political Objectives . 14 II. Democratic principles . 14 III. National unity and stability . 15 IV. National sovereignty, independence and territorial integrity . 15 Protection and Promotion of Fundamental and other Human Rights and Freedoms . 15 V. Fundamental and other human rights and freedoms . 15 VI. Gender balance and fair representation of marginalised groups . 15 VII. Protection of the aged . 16 VIII. Provision of adequate resources for organs of government . 16 IX. The right to development . 16 X. Role of the people in development . 16 XI. Role of the State in development . 16 XII. Balanced and equitable development . 16 XIII. Protection of natural resources . 16 Social and Economic Objectives . 17 XIV. General social and economic objectives . 17 XV. Recognition of role of women in society . 17 XVI. Recognition of the dignity of persons with disabilities . 17 XVII. Recreation and sports . 17 XVIII. Educational objectives . 17 XIX. Protection of the family . 17 XX. Medical services . 17 XXI. Clean and safe water . 17 XXII. Food security and nutrition . 18 XXIII. Natural disasters . 18 Cultural Objectives . 18 XXIV. Cultural objectives . 18 XXV. Preservation of public property and heritage . 18 Accountability . 18 XXVI. Accountability . 18 The Environment . -
Constitution of the Republic of Uganda, 1995
CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995. Arrangement of the Constitution. Preliminary matter. Arrangement of objectives. Arrangement of chapters and schedules. Arrangement of articles. Preamble. National objectives and directive principles of State policy. Chapters. Schedules. THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995. National Objectives and Directive Principles of State Policy. Arrangement of Objectives. Objective General. I. Implementation of objectives. Political objectives. II. Democratic principles. III. National unity and stability. IV. National sovereignty, independence and territorial integrity. Protection and promotion of fundamental and other human rights and freedoms. V. Fundamental and other human rights and freedoms. VI. Gender balance and fair representation of marginalised groups. VII. Protection of the aged. VIII. Provision of adequate resources for organs of Government. IX. The right to development. X. Role of the people in development. XI. Role of the State in development. XII. Balanced and equitable development. XIII. Protection of natural resources. Social and economic objectives. XIV. General social and economic objectives. XV. Recognition of the role of women in society. XVI. Recognition of the dignity of persons with disabilities. XVII. Recreation and sports. XVIII. Educational objectives. XIX. Protection of the family. XX. Medical services. XXI. Clean and safe water. 1 XXII. Food security and nutrition. XXIII. Natural disasters. Cultural objectives. XXIV. Cultural objectives. XXV. Preservation of public property and heritage. Accountability. XXVI. Accountability. The environment. XXVII. The environment. Foreign policy objectives. XXVIII. Foreign policy objectives. Duties of a citizen. XXIX. Duties of a citizen. THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995. Arrangement of Chapters and Schedules. Chapter 1. The Constitution. 2. The Republic. -
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 -
Revisiting the Media Freedom Debate at Uganda's Independence Golden Jubilee
REVISITING THE MEDIA FREEDOM DEBATE AT UGANDA'S INDEPENDENCE GOLDEN JUBILEE Michael Kakooza REALITY CHECK Revisiting the media freedom debate at Uganda’s independence golden jubilee Written by Dr. Michael Kakooza The views expressed in this publication do not necessarily reflect the views of Konrad-Adenauer-Stiftung and Uganda Media Development Foundation but rather those of the author. REVISITING THE MEDIA FREEDOM DEBATE AT UGANDA’S INDEPENDENCE GOLDEN JUBILEE i REALITY CHECK Revisiting the media freedom debate at Uganda’s independence golden jubilee Published by: Konrad-Adenauer-Stiftung, Uganda 51. A Prince Charles Drive, Kololo P.O. Box 647, Kampala, Tel. +256 414 254611 www.kas.de ISBN: 978 9970 153 08 4 In partnership with: Uganda Media Development Foundation Plot 976 Mugerwa Road. Bukoto P.O.Box 21778 Kampala, Tel. +256 414 532083 www.umdf.co.ug © Konrad-Adenauer-Stiftung e.v. 2012 All rights reserved. No part of this publication may be reproduced, stored in retrieval system, or transmitted in any form or by any means, without the prior written permission of the Konrad-Adenauer-Stiftung. ii REVISITING THE MEDIA FREEDOM DEBATE AT UGANDA’S INDEPENDENCE GOLDEN JUBILEE Table of Contents Foreword ...................................................................................... 1 Preface ............................................................................................3 Profile of the Author ....................................................................... 6 Acknowledgements ....................................................................... -
International Covenant on Civil and Political Rights
United Nations CCPR/SP/89 International Covenant on Distr.: General 7 May 2018 Civil and Political Rights Original: English Meeting of States parties Thirty-sixth meeting New York, 14 June 2018 Item 5 of the provisional agenda Election, in accordance with articles 28–34 of the International Covenant on Civil and Political Rights, of nine members of the Human Rights Committee to replace those whose terms are due to expire on 31 December 2018 Election of nine members of the Human Rights Committee to replace those whose terms are due to expire on 31 December 2018 Note by the Secretary-General 1. In conformity with articles 28 to 32 of the International Covenant on Civil and Political Rights, the thirty-sixth meeting of States parties to the Covenant is to be held at United Nations Headquarters on 14 June 2018 for the purpose of electing nine members of the Human Rights Committee from a list of persons nominated by States parties (sect. II), to replace those whose terms of office will expire on 31 December 2018 (sect. I). I. Members of the Committee whose terms will expire on 31 December 2018 Name of member Country of nationality Mr. Yadh Ben Achour Tunisia Ms. Sarah Cleveland United States of America Mr. Olivier de Frouville France Mr. Yuji Iwasawa Japan Ms. Ivana Jelić Montenegro Mr. Duncan Laki Muhumuza Uganda Ms. Photini Pazartzis Greece Mr. Mauro Politi Italy Ms. Margo Waterval Suriname GE.18-07172 (E) 220518 230518 CCPR/SP/89 II. Persons nominated by States parties 2. In accordance with article 30 (2) of the Covenant, the Secretary-General, in a note verbale dated 15 December 2017, invited the States parties to submit, in conformity with article 29 of the Covenant, their nominations for the election of nine members of the Committee by 9 April 2018. -
Mauritius's Constitution of 1968 with Amendments Through 2016
PDF generated: 26 Aug 2021, 16:39 constituteproject.org Mauritius's Constitution of 1968 with Amendments through 2016 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents CHAPTER I: THE STATE AND THE CONSTITUTION . 7 1. The State . 7 2. Constitution is supreme law . 7 CHAPTER II: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL . 7 3. Fundamental rights and freedoms of the individual . 7 4. Protection of right to life . 7 5. Protection of right to personal liberty . 8 6. Protection from slavery and forced labour . 10 7. Protection from inhuman treatment . 11 8. Protection from deprivation of property . 11 9. Protection for privacy of home and other property . 14 10. Provisions to secure protection of law . 15 11. Protection of freedom of conscience . 17 12. Protection of freedom of expression . 17 13. Protection of freedom of assembly and association . 18 14. Protection of freedom to establish schools . 18 15. Protection of freedom of movement . 19 16. Protection from discrimination . 20 17. Enforcement of protective provisions . 21 17A. Payment or retiring allowances to Members . 22 18. Derogations from fundamental rights and freedoms under emergency powers . 22 19. Interpretation and savings . 23 CHAPTER III: CITIZENSHIP . 25 20. Persons who became citizens on 12 March 1968 . 25 21. Persons entitled to be registered as citizens . 25 22. Persons born in Mauritius after 11 March 1968 . 26 23. Persons born outside Mauritius after 11 March 1968 . -
Supreme Court Act 1905
Q UO N T FA R U T A F E BERMUDA SUPREME COURT ACT 1905 1905 : 4 TABLE OF CONTENTS PRELIMINARY 1 Interpretation CONSTITUTION OF THE SUPREME COURT 2 Union of existing Courts into Supreme Court 3 Prescription of number of Puisne Judges 4 Assistant Justices 5 Appointment of Judges of Supreme Court 6 Precedence of Judges 7 Powers of Judges to exercise jurisdiction 8 Powers of Acting Chief Justices 9 Powers etc. of Puisne Judge 10 Seal of Court 11 Place of sitting JURISDICTION AND LAW 12 Jurisdiction of Supreme Court 13 [repealed] 14 Jurisdiction in respect of persons suffering from mental disorder 15 Extent of application of English law 16 [repealed] 17 [repealed] 18 Concurrent administration of law and equity 19 Rules of law upon certain points 20 Proceedings in chambers 21 Provision as to criminal procedure 22 Savings for rules of evidence and law relating to jurors, etc. 1 SUPREME COURT ACT 1905 23 Restriction on institution of vexatious actions ADMIRALTY JURISDICTION 24 Admiralty jurisdiction of the Court 25 Mode of exercise of Admiralty jurisdiction 26 Jurisdiction in personam in collision and other similar cases 27 Wages 28 Supreme Court not to have jurisdiction in cases falling within Rhine Convention 29 Savings DISPOSAL OF MONEY PAID INTO COURT 30 Disposal of money paid into court 31 Payment into Consolidated Fund 32 Money paid into court prior to 1 July 1980 and still in court on that date 33 Notice of payment into court 34 Forfeiture of money 35 Rules relating to the payment of interest on money paid into court SITTINGS AND DISTRIBUTION OF BUSINESS OF THE COURT 36 Sittings of the Court 37 Session day 46 [] OFFICERS OF THE COURT 47 Duties of Provost Marshal General 48 Registrar and Assistant Registrar of the Court 49 Duties of Registrar 50 Taxing Master BARRISTERS AND ATTORNEYS 51 Admission of barristers and attorneys 52 Deposit of certificate of call etc. -
Abolition of the Mandatory Death Penalty in Africa: a Comparative Constitutional Analysis
THE ABOLITION OF THE MANDATORY DEATH PENALTY IN AFRICA: A COMPARATIVE CONSTITUTIONAL ANALYSIS Andrew Novak* 1. INTRODUCTION The mandatory death penalty for the crime of murder is in rapid retreat worldwide. Originally diffused to the common law countries of the Caribbean, Africa, and South and Southeast Asia by way of the British Empire, the penalty has been found unconstitutional and incompatible with human rights norms in at least ten Caribbean nations since the year 2000. A new wave of litigation has appeared in the postcolonial common law nations of East and Southern Africa, and courts in Malawi, Uganda, and now Kenya have found an automatic sentence of death unconstitutional and have replaced mandatory schemes with discretionary ones that allow consideration of mitigating factors in the capital sentencing process.1 The resulting criminal justice regimes operate in closer conformity with international human rights norms and explicitly adopt these norms in their domestic legal systems. This harmonization of death penalty regimes across borders is no accident: it was the deliberate intention of a small network of international anti- death penalty advocates to create a body of transnational jurisprudence from which to draw in bringing incremental challenges in national courts.2 By initially petitioning the United Nations Human Rights Committee and the Inter- American Human Rights System to find the mandatory death penalty incompatible with human rights treaty obligations, this core of advocates succeeded in developing a corpus of persuasive reasoning on which they could * Adjunct Professor of African Law, American University Washington College of Law. The author has a Juris Doctor, Boston University School of Law, and a Master of Science (Hons.), African Politics, London School of Oriental and African Studies. -
The Republic of Uganda in the Supreme Court of Uganda, at Kampala (Coram: Katureebe; Tumwesigye; Kisaakye; Arach-Amoko; Odoki,Tsekooko; Okello; Jj.S.C.)
THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA, AT KAMPALA (CORAM: KATUREEBE; TUMWESIGYE; KISAAKYE; ARACH-AMOKO; ODOKI,TSEKOOKO; OKELLO; JJ.S.C.). CONSTITUTIONAL APPEAL NO. 05 OF 2011 B E T W E E N AMOOTI GODFREY NYAKAANA :::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT AND 1. NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY 2. ATTORNEY GENERAL 3. ADVOCATES COALITION FOR DEVELOPMENT & ENVIRONMENT 4. ENVIRONMENT ALERT ::::RESPONDENTS 5. GREENWATCH 6. UGANDA WILDLIFE AUTHORITY 7. THE ENVIRONMENTAL ACTION NETWORK (Appeal from the Judgments and Orders of the Constitutional Court at Kampala, A.E. Mpagi- Bahigeine, A. Twinomujuni, C.N.B. Kitumba, C.K. Byamugisha and S.B. Kavuma, JJA, dated 9th November 2009 in Constitutional Petition No. 03 of 2005). JUDGMENT OF B. M. KATUREEBE, CJ. This appeal raises issues pertaining to environmental protection vis-à-vis individual property rights, and the Constitutionality of certain sections of the National Environment Act. BACKGROUND. The appellant filed a Constitutional Petition in the Constitutional Court (Constitutional Petition No. 03 of 2005) under the provisions of Article 137 (3) of the Constitution and Rule 3 of the Rules of that Court. In that Petition, the appellant challenged the Constitutionality of Sections 67, 68 and 70 of the National Environment Act (Cap 153) Laws of Uganda. He contended that the impugned sections contravene and are inconsistent with Articles 21, 24, 26, 28, 42, 44, 237 and 259 of the Constitution. He further contended that the impugned sections also contravene and are inconsistent with various international Human Rights Conventions and Instruments entrenched in the Constitution under Articles 20 and 45 of the Constitution. The appellant sought declaration and orders for redress. -
The Lives of the Chief Justices of England
This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com I . i /9& \ H -4 3 V THE LIVES OF THE CHIEF JUSTICES .OF ENGLAND. FROM THE NORMAN CONQUEST TILL THE DEATH OF LORD TENTERDEN. By JOHN LOKD CAMPBELL, LL.D., F.E.S.E., AUTHOR OF 'THE LIVES OF THE LORd CHANCELLORS OF ENGL AMd.' THIRD EDITION. IN FOUE VOLUMES.— Vol. IT;; ; , . : % > LONDON: JOHN MUEEAY, ALBEMAELE STEEET. 1874. The right of Translation is reserved. THE NEW YORK (PUBLIC LIBRARY 150146 A8TOB, LENOX AND TILBEN FOUNDATIONS. 1899. Uniform with the present Worh. LIVES OF THE LOED CHANCELLOKS, AND Keepers of the Great Seal of England, from the Earliest Times till the Reign of George the Fourth. By John Lord Campbell, LL.D. Fourth Edition. 10 vols. Crown 8vo. 6s each. " A work of sterling merit — one of very great labour, of richly diversified interest, and, we are satisfied, of lasting value and estimation. We doubt if there be half-a-dozen living men who could produce a Biographical Series' on such a scale, at all likely to command so much applause from the candid among the learned as well as from the curious of the laity." — Quarterly Beview. LONDON: PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET AND CHARINg CROSS. CONTENTS OF THE FOURTH VOLUME. CHAPTER XL. CONCLUSION OF THE LIFE OF LOKd MANSFIELd. Lord Mansfield in retirement, 1. His opinion upon the introduction of jury trial in civil cases in Scotland, 3. -
Forum À L'intention Des Juges Spécialisés En Propriété
WIPO/IP/JU/GE/19/INF/1 ORIGINAL: FRANÇAIS / ENGLISH DATE: 13 NOVEMBRE / NOVEMBER 13, 2019 Forum à l’intention des juges spécialisés en propriété intellectuelle Genève, 13 – 15 novembre 2019 Intellectual Property Judges Forum Geneva, November 13 to 15, 2019 LISTE DES PARTICIPANTS LIST OF PARTICIPANTS établie par le Secrétariat prepared by the Secretariat WIPO FOR OFFICIAL USE ONLY WIPO/IP/JU/GE/19/INF/1 page 2 I. PARTICIPANTS (par ordre alphabétique / in alphabetical order) ABDALLA Muataz (Mr.), Judge, Intellectual Property Court, Khartoum, Sudan ACKAAH-BOAFO Kweku Tawiah (Mr.), Justice, High Court of Justice, Accra, Ghana AJOKU Patricia (Ms.), Justice, Federal High Court, Ibadan, Nigeria AL BUSAIDI Khalil (Mr.), Judge, Court of First Instance; President, General Administration for Judges, Council of Administrative Affairs for the Judiciary, Muscat, Oman AL KAMALI Mohamed Mahmoud (Mr.), Director General, Institute of Training and Judicial Studies, Abu Dhabi, United Arab Emirates ALABDULQADER Ahmed (Mr.), Appeal Judge, Commercial Court, Dammam, Saudi Arabia ALABUDI Ahmed (Mr.), Appeal Judge, Commercial Section, Appeal Court, Riyadh, Saudi Arabia ALARCON POLANCO Edynson Francisco (Sr.), Magistrado, Corte de Apelación del Distrito Nacional, Santo Domingo, República Dominicana ALEXANDROVA Iskra (Ms.), Judge, Third Department, Supreme Administrative Court, Sofia, Bulgaria ALHIDAR Ibrahim (Mr.), Judge, Commercial Court, Riyadh, Saudi Arabia ALJABRI Nayef (Mr.), Counselor, Court of Appeal, Kuwait City, Kuwait ALKHALAF Mahmoud (Mr.), Judge, Court