Page 01 May 22.Indd

THURSDAY 22 MAY 2014 • [email protected] • www.thepeninsulaqatar.com • 4455 7741 Emma Thompson inside CAMPUS on comedy • CBSE Class X toppers - Birla and success Public School P | 4 P | 8-9 COMMUNITY • Sasol, FEC pick ‘Qatar e-Nature’ contest winners The Qatari judiciary continued to develop gradually from one P | 5 phase to another until the FOOD state made a giant stride with • Japanese-style the enactment of the Judicial grilling, for those who Authority Act No. 10 in 2003 can stand the heat which emphasised that judges are independent and not P | 7 subject to removal from office except in accordance with the HEALTH provisions of the law. • Many processed foods are heavily dyed: Study P | 11 TECHNOLOGY • Microsoft takes aim at laptops with new tablet P | 12 Learn Arabic • Learn commonly used Arabic words LAW POINT and their meanings P | 13 2 PLUS | THURSDAY 22 MAY 2014 COVER STORY Organisation of the modern Qatari Judicial Authority ontesquieu, as well as the relations has been reflected in the declarations most of the constitutions of the civilized the noted between these powers and of human rights which stated that world were keen to consider the judiciary political the individuals. safeguards should be put in place to as an authority independent of the other Mphilosopher It also determines how protect the judges and the principle powers of the state and as a manifesta- of France, had called for the individual should of independence of judges against any tion of sovereignty; they also attached the principle of separa- behave in confronting these violation. Constitutions of the civilised great respect and value to the principle tion of powers, saying powers and in confront- world continued successively to provide of independence of the judiciary. that the state has three ing other individuals. If an for the principle of independence of the The Constitution of the State of powers: the legislature, individual litigates a public judiciary, and have surrounded it with Qatar has emphasized the importance the executive and the authority or another indi- an aura of respect and reverence. of this principle as it stipulates judiciary. The legislature vidual and takes his claim The Constitution of the State of In Article 129 that: makes laws, the executive or dispute to a court of law, Qatar has embraced the principle of The supremacy of law is the base of enforces them, and the By Yousif Al Zaman then the rule of law shall separation of powers as it stipulates in rule in the State. The honour of the judiciary oversees their decide that claim or dis- Article 60 that: judiciary, it is integrity, and impartial- application. pute. Thus tranquility and The system of Government is based ity of judges are a safeguard of rights The wisdom behind this principle is security shall prevail in the society, on the separation of powers and shall and liberties; that its application constitutes a pro- and all citizens will enjoy living in such be exercised in collaboration with the In Article 130 that: tection of the public liberties, and safe- an organized society, as justice brings manner specified in this Constitution; The judicial authority shall be guards the rights of individuals; that is about security and trust in the same. In Article 61 that: independent and it shall be vested in because one power would restrict the The independence of the judicial The legislative Authority shall be courts of different types and grades. other (each branch of government has authority or the judiciary is a civilized vested in Al ñ Shoura Council as pre- The courts shall make their judgments powers that it can use to check and shift made by the modern state in the scribed in this Constitution; according to the law; balance the operations and the power field of legal thought, after adminis- In Article 62 that: In Article 131 that: of the other two branches), thus ensur- tration of justice had been vested in The Executive Authority shall be Judges are independent and they shall ing protection of freedoms and rights rulers and religious leaders; and it has vested in the Emir and he shall be not be subject to any power in the exer- of the people. thereafter become a sacred principle assisted by the Council of Ministers cise of their judicial functions as pro- Beside the principle of separation due to the lofty status of the judiciary as specified in this Constitution; and vided by the law and no interference of powers there is another important in different societies around the world. In Article 63 that: whatsoever shall be permitted with court principle which is the principle of legal- Justice is always associated with the The Judicial Authority shall be proceedings and the course of justice; ity. Legality means that the ruler and independence of the judiciary. People vested in courts of law as prescribed In Article 134 that: the ruled must abide by the provisions used to regard the judiciary as an in this Constitution; and court judge- Judges shall not be subject to of the law on an equal footing. They all impartial authority ever since they ments shall be pronounced in the name removal from office save in cases speci- must respect the law and comply with started to resort to it seeking justice. of the Emir. fied by the law. The said law shall also its rules, as it regulates the interrela- The concept of independence of the Due to the prestige of the function of specify the rules and disciplinary mat- tions between the powers of the state judiciary began to crystallise and it the judiciary and the message of justice, ters applicable to judges; and PLUS | THURSDAY 22 MAY 2014 3 In Article 135 that: matters revolving around divorce and which shall include the power of exemption of very poor people from The right of litigation is inviolable matrimonial issues. annulment of defective administrative payment of the litigation fees, as and it shall be guaranteed to all people. The Qatari judiciary continued to decisions. Article 551of the Code of Procedure The law shall specify the procedures develop gradually from one phase to The Basic Principles of the Qatari has stipulated that anyone whose and manner of exercising this right. another until the state made a giant Judicial System: inability to pay the litigation fees has The principle of independence of the stride in the process of reforming and In order to advance the function of the been proven shall be exempted from judiciary is considered the strongest upgrading the judicial system in order judiciary, the authority which exercises payment thereof. The Articles 551 ñ 554 safeguard of human rights and of to keep pace with the accelerated and this function must be independent and have specified the procedures of such freedoms and rights on citizens. That is extensive development of the Qatari impartial, and the Constitution of exemption; and it should be noted that because under this banner an individual society, and the huge advancement in Qatar has emphasized this principle in cases involving workers and families are may be tried only by his ordinary judge the various social, economic, urban, Articles 129 to 135 under the Chapter exempt from litigation fees. i.e. the one who has already been cultural, and political fields. This step of the Judiciary, as we have already said. One of the basic principles in the designated by the law; consisted in the enactment of the Hence the Qatari Judiciary is Qatari judicial system is that court Ordinary courts shall not be stripped Judicial Authority Act No. 10 for the considered one of the basic powers in sessions are open to the public i.e. any of their jurisdiction; year 2003 which emphasised that judges the State; and therefore no one may person shall have the right to attend No exceptional judicial authority are independent and are not subject to take the law into his own hands in order these sessions, and publication of the shall be set up; removal from office except in accordance to decide his own case or to ward off content thereof shall be permitted. But Court judgements shall be respected with the provisions of the law; that the an aggression, but rather resort to the the judge may decide on an exceptional and may not be amended or their independence of the judiciary shall not judicial authority in the State to get a basis to hold a session in secret, for the execution be stopped except in be subject to any influence whatsoever, ruling restoring the right he claims, or interest of public order or morality, accordance with the procedures laid and no interference in the affairs and fending off the aggression to which he or for preserving the sanctity of the down by the law; course of justice shall be permitted; was exposed. In other words, no one family. In all cases, the pronouncement Judges shall not be subject to removal and that the courts shall have a budget shall have the right to adjudicate by of judgments is made in an open session from office, and shall be subject to strict annexed to the public budget. himself for himself. (Article 59 of the Code of Procedure). controls in their discipline; The Qatari judicial system is based The State has used its best endeavours Oral pleadings are deemed A judge may not be annoyed because on a two-grade litigation: first grade to organise the judiciary so that it can complementary to the principle of public of his work, and the judiciary should be and second or appeal grade.

Load more