The Judges of the Court
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Susan Denham
Susan Denham Chief Justice Denham has been a judge of the superior doesn’t have what it takes’. They will say, courts for over twenty years, having been a practising ‘Women don’t have what it takes’.” barrister for twenty years prior to that. She was appointed Whether consciously or otherwise, Chief Justice to the High Court in 1991 and to the Supreme Court in Denham has, throughout her career been subject to this 1992. In July 2011, she was appointed Chief Justice of pressure to succeed. She has not only succeeded, but also Ireland, by the President, Mary McAleese. excelled. Chief Justice Denham is the longest serving member of When she “took silk” in 1987, rising from Junior to the current Supreme Court and in her career has Senior Counsel, Chief Justice Denham represented the distinguished herself as one of the finest judges in the State in a number of significant extradition cases and she history of the state. Her judgments are thoughtful, erudite became an expert in Judicial Review. She spent ten years and clear. While upholding at all times the Rule of Law at the inner Bar before being appointed to the High Court and delivering clearly principled legal judgments, Chief (1991) and to the Supreme Court the following year. Justice Denham’s judicial pronouncements exude a Chief Justice Denham’s appointment to the Supreme striking humanity. She seems acutely aware of the Court made history. She was the first woman ever to sit on difficulties faced by ordinary people in this country, of the that bench and for eight years, she was the sole female trials and tribulations of family life, of the impact of crime member of the Court. -
An Independence of Judicial Power Under the System of Justice: Study Case in Indonesia, Malaysia and Brunei Darussalam
INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY An Independence of Judicial Power Under the System of Justice: Study Case In Indonesia, Malaysia and Brunei Darussalam Ismaidar1,Yasmirah Mandasari Saragih 1Faculty of Social Science, Universitas Pembangunan Panca Budi, Medan, Indonesia [email protected], [email protected] ABSTRACT This paper is based onthe concept of judicial independence. Judiciary is one of the organs of the state. The independence of the judiciary is the cornerstone of a democratic system. Without independent judiciary, people cannot get justice. Only the independent, impartial and accountable judiciary can protect the rights of the minorities and the indigenous communities. Independent judiciary can maintain the delicate balance between the three major organs of the state.Some of internationally recognized principles have been incorporated in our present constitution. But judicial autonomy, freedom of expression and association, professional immunity are not incorporated. Our judiciary lacks functional autonomy to determining the jurisdiction of the court, selecting its support staff. Another issue concerning the financial independence of judiciary which are must for an independent judiciary. Judicial training and judicial education is necessary for independence of judiciary. Role of national judicial academic is satisfactory in this regard. Competent, independent, and impartial courts will also depend also on the judges who have integrity, ability with appropriate training and higher qualifications -
Flash Reports on Labour Law January 2017 Summary and Country Reports
Flash Report 01/2017 Flash Reports on Labour Law January 2017 Summary and country reports EUROPEAN COMMISSION Directorate DG Employment, Social Affairs and Inclusion Unit B.2 – Working Conditions Flash Report 01/2017 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE This document has been prepared for the European Commission however it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2017 ISBN ABC 12345678 DOI 987654321 © European Union, 2017 Reproduction is authorised provided the source is acknowledged. Flash Report 01/2017 Country Labour Law Experts Austria Martin Risak Daniela Kroemer Belgium Wilfried Rauws Bulgaria Krassimira Sredkova Croatia Ivana Grgurev Cyprus Nicos Trimikliniotis Czech Republic Nataša Randlová Denmark Natalie Videbaek Munkholm Estonia Gaabriel Tavits Finland Matleena Engblom France Francis Kessler Germany Bernd Waas Greece Costas Papadimitriou Hungary Gyorgy Kiss Ireland Anthony Kerr Italy Edoardo Ales Latvia Kristine Dupate Lithuania Tomas Davulis Luxemburg Jean-Luc Putz Malta Lorna Mifsud Cachia Netherlands Barend Barentsen Poland Leszek Mitrus Portugal José João Abrantes Rita Canas da Silva Romania Raluca Dimitriu Slovakia Robert Schronk Slovenia Polonca Končar Spain Joaquín García-Murcia Iván Antonio Rodríguez Cardo Sweden Andreas Inghammar United Kingdom Catherine Barnard Iceland Inga Björg Hjaltadóttir Liechtenstein Wolfgang Portmann Norway Helga Aune Lill Egeland Flash Report 01/2017 Table of Contents Executive Summary .............................................. -
Presiding Judge in Superior Court District and Limited Jurisdiction Court District
GR 29 PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND LIMITED JURISDICTION COURT DISTRICT (a) Election, Term, Vacancies, Removal and Selection Criteria--Multiple Judge Courts. (1) Election . Each superior court district and each limited jurisdiction court district (including municipalities operating municipal courts) having more than one judge shall establish a procedure, by local court rule, for election, by the judges of the district, of a Presiding Judge, who shall supervise the judicial business of the district. In the same manner, the judges shall elect an Assistant Presiding Judge of the district who shall serve as Acting Presiding Judge during the absence or upon the request of the Presiding Judge and who shall perform such further duties as the Presiding Judge, the Executive Committee, if any, or the majority of the judges shall direct. If the judges of a district fail or refuse to elect a Presiding Judge, the Supreme Court shall appoint the Presiding Judge and Assistant Presiding Judge. (2) Term . The Presiding Judge shall be elected for a term of not less than two years, subject to reelection. The term of the Presiding Judge shall commence on January 1 of the year in which the Presiding Judge’s term begins. (3) Vacancies . Interim vacancies of the office of Presiding Judge or Acting Presiding Judge shall be filled as provided in the local court rule in (a)(1). (4) Removal . The Presiding Judge may be removed by a majority vote of the judges of the district unless otherwise provided by local court rule. (5) Selection Criteria . Selection of a Presiding Judge should be based on the judge’s 1) management and administrative ability, 2) interest in serving in the position, 3) experience and familiarity with a variety of trial court assignments, and 4) ability to motivate and educate other judicial officers and court personnel. -
A&G Goldman P'ship V. Picard (In Re Bernard L. Madoff Inv. Secs. LLC
Neutral As of: July 16, 2018 9:45 PM Z A&G Goldman P’ship v. Picard (In re Bernard L. Madoff Inv. Secs. LLC) United States Court of Appeals for the Second Circuit June 27, 2018, Decided No. 17-512-bk Reporter 2018 U.S. App. LEXIS 17574 *; 2018 WL 3159228 propping-up, disguised, quotation, collapse IN RE: BERNARD L.MADOFF INVESTMENT SECURITIES LLC, Debtor.A & G GOLDMAN PARTNERSHIP, PAMELA GOLDMAN, Appellants, v. Case Summary IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC and Overview Bernard L. Madoff, CAPITAL GROWTH COMPANY, DECISIONS INCORPORATED, FAVORITE FUNDS, JA HOLDINGS: [1]-A suit alleging that an investor in a PRIMARY LIMITED PARTNERSHIP, JA SPECIAL Ponzi scheme and associated entities were liable for LIMITED PARTNERSHIP, JAB PARTNERSHIP, JEMW securities fraud as controlling persons under 15 PARTNERSHIP, JF PARTNERSHIP, JFM U.S.C.S. § 78t(a) was barred by an injunction entered in INVESTMENT COMPANIES, JLN PARTNERSHIP, connection with a Securities Investor Protection Act JMP LIMITED PARTNERSHIP, JEFFRY M. PICOWER trustee's settlement of a fraudulent transfer claim. The SPECIAL CO., JEFFRY M. PICOWER P.C., THE facts alleged did not give rise to a colorable claim that PICOWER FOUNDATION, THE PICOWER INSTITUTE the investor controlled the entity through which the FOR MEDICAL RESEARCH, THE TRUST F/B/O Ponzi scheme was perpetrated, so the substance of the GABRIELLE H. PICOWER, BARBARA PICOWER, allegations amounted to only a derivative fraudulent individually and as Executor of the Estate of Jeffry M. transfer claim. Picower, and as Trustee for the Picower Foundation and for The trust f/b/o Gabrielle H. -
Proposed Amendments to Fed. R. Crim. P. 26: an Exchange: Remote Testimony Richard D
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2002 Proposed Amendments to Fed. R. Crim. P. 26: An Exchange: Remote Testimony Richard D. Friedman University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/158 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, Courts Commons, Criminal Procedure Commons, and the Evidence Commons Recommended Citation Friedman, Richard D. "Remote Testimony." U. Mich. J. L. Reform 35, no. 4 (2002): 695-717. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. REMOTE TESTIMONY Richard D. Friedman* Recently, the Supreme Court declined to pass on to Congress a proposed change to FederalRule of Criminal Procedure 26 submitted to it by the Judicial Conference. In this Article, ProfessorFriedman addresses this proposal, which would allow for more extensive use of remote, video-based testimony at criminal trials. He agrees with the majority of the Court that the proposal raised serious problems under the Confrontation Clause. He also argues that a revised proposal, in addition to better protecting the confrontation rights of defendants, should include more definite quality standards,abandon its reliance on the definition of unavailabilityfound in the FederalRules ofEvidence, and allow defendants greaterflexibility in the use of remote testimony. -
“Law of Precedent”
1 Summary of papers written by Judicial Officers on the subje ct: ªLAW OF PRECEDENTº Introduction :- A precedent is a statement of law found in the decision of a superior Court, which decision has to be followed by that court and by the courts inferior to it. Precedent is a previous decision upon which the judges have to follow the past decisions carefully in the cases before them as a guide for all present or future decisions. In other words, `Judicial Precedent' means a judgment of a Court of law cited as an authority for deciding a similar set of facts, a case which serves as authority for the legal principle embodied in its decision. A judicial precedent is a decision of the Court used as a source for future decision making. Meaning :- A precedent is a statement of law found in decision of a Superior Court. Though law making is the work of the legislature, Judges make law through the precedent. 2 Inferior courts must follow such laws. Decisions based on a question of law are precedents. Decisions based on question of facts are not precedents. Judges must follow the binding decisions of Superior or the same court. Following previous binding decisions brings uniformity in decision making, not following would result in confusion. It is well settled that Article 141 of the Constitution empowers the Supreme Court to declare the law and not to enact the law, which essentially is the function of the legislature. To declare the law means to interpret the law. This interpretation of law is binding on all the Courts in India. -
The Supreme Court and the New Equity
Vanderbilt Law Review Volume 68 | Issue 4 Article 1 5-2015 The uprS eme Court and the New Equity Samuel L. Bray Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Samuel L. Bray, The uS preme Court and the New Equity, 68 Vanderbilt Law Review 997 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol68/iss4/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 68 MAY 2015 NUMBER 4 ARTICLES The Supreme Court and the New Equity Samuel L. Bray* The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprisinghas happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has treated equitable remedies as having distinctive powers and limitations. This Article describes and begins to evaluate the Court's new equity cases. -
Laws of Brunei Chapter 7 Criminal Procedure Code
LAWS OF BRUNEI CHAPTER 7 CRIMINAL PROCEDURE CODE Enactment No. 16 of 1951 Chapter 7 of 1951 Amended by Enactment No. 7 of 1953 Enactment No. 8 of 1953 Enactment No. 1 of 1955 Enactment No. 2 of 1957 Enactment No. 1 of 1958 S 5/1959 S 3 of 1966 S 99/1959 S 140/1981 S 100/1959 E 11 of 1982 E 2 of 1960 E 16/1982 1984 Edition, Chapter 7 Amended by S 39/1984 S 27/1988 S 44/1999 S 7/1985 S 48/1989 S 16/1995 GN 68/1985 S 51/1989 S 30/1999 S 37/1987 S 23/1991 S 4/1988 S 13/1993 2001 Edition, Chapter 7 Amended by S 63/2002 S 6/2006 S 25/2014 GN 273/2002 S 9/2006 S 51/2014 S 62/2004 S 4/2007 S 6/2016 S 32/2005 S 26/2012 REVISED EDITION 2016 B.L.R.O. 1/2016 LAWS OF BRUNEI Criminal Procedure Code CAP. 7 1 LAWS OF BRUNEI REVISED EDITION 2016 CHAPTER 7 CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY Chapter I 1. Citation and application 2. Interpretation 3. Trial of offences under Penal Code and against other written laws 4. Saving of powers of Supreme Court PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS Chapter II Criminal Courts generally 5. Classes of criminal Courts 6. Court to be open 6A. Section 6 read subject to other Acts B.L.R.O. 1/2016 LAWS OF BRUNEI 2 CAP. -
Remote Court Hearings
Oireachtas Library & Research Service | Bill Digest L&RS Note Remote Court Hearings Rebecca Halpin, Parliamentary Researcher, Law Abstract<xx> July 2020 28 July 2020 This L&RS Note considers the use of remote hearings in Ireland during the Covid-19 pandemic. The paper describes the way in which remote hearings have been introduced in Ireland and the type of matters in which they are used. The paper then considers the difficulties associated with remote hearings, the need for legislative reform, and circumstances in which remote hearings may be unsuitable. The L&RS gratefully acknowledges the assistance of Dr Rónán Kennedy, School of Law, NUI Galway in reviewing the contents of this Note in advance of publication. Oireachtas Library & Research Service | L&RS Note Contents Summary ........................................................................................................................................ 1 Introduction ..................................................................................................................................... 2 Remote hearings – an overview ...................................................................................................... 3 ICT in Irish courts – capability and capacity .................................................................................... 4 Recent developments that facilitated the introduction of remote hearings .................................. 5 Impact and response to Covid-19 pandemic .................................................................................. -
APRES Moi LE DELUGE"? JUDICIAL Review in HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY
"APRES MoI LE DELUGE"? JUDICIAL REvIEw IN HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY Tahirih V. Lee* INTRODUCTION One of the burning questions stemming from China's promise that the Hong Kong Special Administrative Region (HKSAR) would enjoy a "high degree of autonomy" is whether the HKSAR's courts would have the authority to review issues of constitutional magnitude and, if so, whether their decisions on these issues would stand free of interference by the People's Republic of China (PRC). The Sino-British Joint Declaration of 1984 promulgated in PRC law and international law a guaranty that implied a positive answer to this question: "the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong Special Administrative Region of the power of final adjudication."' The PRC further promised in the Joint Declaration that the "Uludicial power" that was to "be vested in the courts" of the SAR was to be exercised "independently and free from any interference."2 The only limit upon the discretion of judicial decisions mentioned in the Joint Declaration was "the laws of the Hong Kong Special Administrative Region and [to a lesser extent] precedents in other common law jurisdictions."3 Despite these promises, however, most of the academic and popular discussion about Hong Kong's judiciary in the United States, and much of it in Hong Kong, during the several years leading up to the reversion to Chinese sovereignty, revolved around a fear about its decline after the reversion.4 The * Associate Professor of Law, Florida State University College of Law. -
Equity in the American Courts and in the World Court: Does the End Justify the Means?
EQUITY IN THE AMERICAN COURTS AND IN THE WORLD COURT: DOES THE END JUSTIFY THE MEANS? I. INTRODUCTION Equity, as a legal concept, has enjoyed sustained acceptance by lawyers throughout history. It has been present in the law of ancient civilizations' and continues to exist in modem legal systems.2 But equity is no longer a concept confined exclusively to local or national adjudication. Today, equity shows itself to be a vital part of international law.' The International Court of Justice--"the most visible, and perhaps hegemonic, tribunal in the sphere of public international law" 4-has made a significant contribution to the delimitation,5 development of equity. Particularly in cases involving maritime 6 equity has frequently been applied by the Court to adjudicate disputes. Equity is prominent in national legal systems and has become increas- ingly important in international law. It is useful, perhaps essential, for the international lawyer to have a proper understanding of it. Yet the meaning of equity remains elusive. "A lawyer asked to define 'equity' will not have an easy time of it; the defimition of equity, let alone the term's application in the field of international law, is notoriously uncertain, though its use is rife."7 Through a comparative analysis, this note seeks to provide a more precise understanding of the legal concept of equity as it relates to two distinct systems oflaw: the American and the international. To compare the equity administered by the American courts with that administered by the World Court, this note 1. See sources cited infra notes 10, 22.