Ce diaporama a bien été signalé.
Le téléchargement de votre SlideShare est en cours. ×

Comparative Judicial Systems.pptx

Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Publicité
Chargement dans…3
×

Consultez-les par la suite

1 sur 10 Publicité

Comparative Judicial Systems.pptx

Télécharger pour lire hors ligne

The Chief Justice of Kenya is the head of the Judiciary and President of the Supreme Court. He or she is appointed by the country's President on the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly.
Other Judges need not be approved by the National Assembly to be appointed by the President.
The recruitment process of judges in Kenya is more rigorous and open involving publicly televised interviews.
Ref: Art.166 of the Constitution of Kenya

The Chief Justice of Kenya is the head of the Judiciary and President of the Supreme Court. He or she is appointed by the country's President on the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly.
Other Judges need not be approved by the National Assembly to be appointed by the President.
The recruitment process of judges in Kenya is more rigorous and open involving publicly televised interviews.
Ref: Art.166 of the Constitution of Kenya

Publicité
Publicité

Plus De Contenu Connexe

Plus récents (20)

Publicité

Comparative Judicial Systems.pptx

  1. 1. LAW DEVELOPMENT CENTRE POST GRADUATE BAR COURSE JUDICIAL CONDUCT COMPARATIVE JUDICIAL SYSTEMS H/w Prossy Katushabe 11/28/2022 Introduction & background 1
  2. 2. England & Wales • Judges in England and Wales are appointed by the Lord Chancellor upon the recommendation of the Judicial Appointments Commission (JAC) • The JAC was established as a public body by the Constitutional Reform Act, 2005 and was operationalized on 2006. Prior to this the Lord Chancellor had unfettered powers to appoint Judges in England and Wales. • The JAC advertises for vacancies in the courts of Judicature and applicants submit a standard nine-page application form. • Short listed candidates are subjected to an oral interview and assessed on merit based on 5 criteria: • Intellectual capacity; • Personal qualities (integrity, independence, judgment, decisiveness, objectivity, ability; willingness to learn); • Ability to understand and deal fairly; • Authority and communication skills; and • Efficiency. 11/28/2022 Introduction & overview 2
  3. 3. USA: FEDERAL Vs STATE COURTS • The primary distinction is that state and local courts are authorized to hear cases involving the laws and citizens of their state or city, while federal courts decide lawsuits between citizens of different states, cases against the United States, and cases involving specific federal laws. 11/28/2022 Introduction & background 3
  4. 4. USA – Federal Judges • Federal Judges are appointed by the President subject to confirmation by the Senate • Federal Judges serve at two levels • The Supreme Court • 13 Courts of Appeal (circuit courts) • 94 US District Courts • Federal Judges do not have a retirement age and serve for life (until they resign, die or are removed from office for misbehaviour) • As a rule of practice most federal Judges retire at the age of 80 – preferably during the reign of the party of the President who appointed them to office • Process for removal is difficult and requires a conviction by the Senate and impeachment by the House of Representatives 11/28/2022 Introduction & background 4
  5. 5. USA – State Judges • States (50) are empowered to appoint local State Judges and appointment processes vary from State to State. • Appointment – normally by the Governor with approval of the legislature • Merit selection by a Judicial Service Commission • Partisan election where aspiring Judges run for office on party tickets • Non-partisan elections where aspiring Judges submit to election without party affiliation • Appointed/selected Judges serve until they attain retirement age (normally 70) • Term of office for elected Judges range from 6-10 years 11/28/2022 Introduction & background 5
  6. 6. Russia • Federal Judges are appointed by the Federation Council upon the recommendation of the President • Candidates are proposed to the President by the Judicial Qualification College which is responsible for overseeing the Judiciary in Russia and establishes minimum qualifications • Judges must be at least 40 years of age and retire at the age of 70 • Regional and city court Judges are appointed by the Minister of Justice • District Judges are appointed directly by the President • The Judiciary in Russia is perceived not to be independent from the executive. 11/28/2022 Introduction & background 6
  7. 7. Saudi Arabia • The Judicial system is based on Sharia Law with the Qur’an as the Constitution of the country • Judges are appointed by the Supreme Judicial Council (SJC) – a body of 11 members under the supervision of the Minister of Justice • The Head of the Supreme Court, Judges of the Supreme Court and the Secretary of the SJC are appointed by the King. • Courts hardly observe formal procedures – the country’s first Criminal Procedure Code was introduced in 2001 and is largely ignored • There is a close link between religion (Islam) and the state with religious leaders exercising various judicial functions by virtue of their religious offices – Judges are graduates of religious training institutes • The Grand Mufti – the highest religious authority of the country is also the Chief Justice • Qadis and muftis preside over various courts 11/28/2022 Introduction & background 7
  8. 8. Kenya • The Chief Justice of Kenya is the head of the Judiciary and President of the Supreme Court. He or she is appointed by the country's President on the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly. • Other Judges need not be approved by the National Assembly to be appointed by the President. • The recruitment process of judges in Kenya is more rigorous and open involving publicly televised interviews. • Ref: Art.166 of the Constitution of Kenya • NB: Difference in minimum years of experience to apply for CJ/JSC/JA 11/28/2022 Introduction & background 8
  9. 9. East African Community • Personal research – Appointment of Judicial Officers in East Africa (Kenya, Tanzania, Rwanda, Burundi) 11/28/2022 Introduction & background 9
  10. 10. REVISION QUESTIONS Examine the extent to which the Judicial Service Commission of Uganda is; a) independent in the process of recruitment and appointment of judges in Uganda b) able to discipline magistrates and judges Critically examine the role of the Judicial Service Commission in; a) recruitment of Judges b) removal of Judges 11/28/2022 Introduction & background 10

×