 | This article needs additional citations for verification .(December 2013) |
Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.
Section 117 establishes three courts: the High Court, the Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" – in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the functions formerly performed by the British Privy Council before Fiji became a republic in 1987. The Court of Appeal is a new institution established by this constitution; the other two courts predate it.
Section 118 declares the judges of all courts of the State to be independent of the legislative and executive branches of government.
Sections 119 through 122 set out the jurisdiction of the various courts. The Supreme Court and High Court are declared to possess the jurisdiction they formerly possessed prior to the adoption of the Constitution; they, together with the Appeal Court also possess whatever authority may be conferred on them by the Constitution or by law.
The High Court is given unlimited "original jurisdiction" over any civil and criminal cases, constitutional disputes, and appeals from subordinate courts. It is also vested with the authority to oversee all proceedings of subordinate courts, and to issue appropriate directives to such courts.
The Court of Appeal is given the right "to hear and determine appeals" from all judgments of the High Court. From time to time, other powers may be assigned to this court by law.
The Supreme Court is given exclusive jurisdiction to hear and determine appeals from all final judgments of the Court of Appeal. A case may be brought before the Supreme Court only if the Court of Appeal has determined to refer the case to it, or if the Supreme Court has, in its own judgment, decided to hear an appeal; proceedings in this court may not be initiated by individuals. The Supreme Court has the power to review, vary, affirm, or discard decisions of the Court of Appeal, may order retrials, and may award costs to defendants and plaintiffs. Decisions of the Supreme Court are binding on all subordinate courts. The Supreme Court may, at its own discretion, review any judgment or decision that it has previously rendered.
Section 123 authorizes the President of Fiji, on the advice of the Cabinet, to ask the Supreme Court to rule on actual or potential disagreements pertaining to the Constitution. The Supreme Court is required to pronounce its opinion in open court.
Section 124 empowers the Supreme Court, the Court of Appeal, and the High Court to punish persons for contempt of court. The nature of this offence and of the appropriate punishments are to be prescribed by law.
Section 125 empowers the President of the Supreme Court (who is also the Chief Justice) to make rules, subject to the Constitution and to legislation, for the practice and procedures to be followed in the Supreme Court.
Sections 126 through 128 set out the composition of the High Court, Court of Appeal, and Supreme Court.
Section 129 declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the three courts established by the Constitution overlaps to a large extent, this clause is inserted to prevent a conflict of interest.
Section 130 sets out the qualifications for judges. A judge (of any court) must either be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or one who holds or has held a high judicial position in Fiji or another country prescribed by Parliament. The judiciary is the only branch of government from which non-citizens are not excluded. This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law. Accordingly, judges from the United Kingdom and New Zealand, among other countries, have sometimes served on Fiji's courts.
Section 131 establishes the Judicial Service Commission. It consists of the Chief Justice, who chairs the commission, the Chairperson of the Public Service Commission, and the President of the Fiji Law Society. The commission is empowered to investigate complaints against judges and officials of courts that are subordinate to the High Court, and may take disciplinary actions against them. The Commissioners are entitled to whatever allowances Parliament may determine.
Section 132 deals with the manner in which judges are to be appointed.
Section 133 empowers the Judicial Service Commission to appoint Magistrates, a central agricultural tribunal (to administer the Agricultural Landlord and Tenant Act), and any other judicial offices that may be established by Parliament. Parliament may also empower the commission to make appointments to non-judicial offices. In making its appointments, the Commission must consult with the Prime Minister and the Leader of the Opposition, and must obtain the Prime Minister's approval if a non-citizen is to be appointed to a judicial office (other than that of a judge).
Section 134 sets out the criteria for appointment to judicial office. The first principle is that all judicial officers should be based on merit, filled by persons of "the highest quality." The second principle is that, as far as practicable, the composition of the judiciary should reflect Fiji's ethnic balance and should aim for substantially equal representation of males and females.
Section 135 requires all judges, before taking office, to take the oath (prescribed in Part D of the Schedule) before the President of Fiji.
Section 136 forbids any reduction in the salary of judges during their terms of office. This is intended as a safeguard against blackmail.
Section 137 prescribes the terms of office and the retirement ages for judges.
Section 138 sets out the grounds, and the manner, in which a judge may be removed. A judge may be dismissed only for misbehavior or for inability to perform his or her duties, owing to illness or metal incapacitation, or any other cause.
In the case of alleged misbehavior, the President appoints a tribunal consisting of not less than three persons, who must be past or present judges either in Fiji or another country prescribed by Parliament. In the case of alleged inability to perform the functions of office, the President appoints a medical board, consisting of three qualified medical practitioners. The President, acting on his or her own discretion, may dismiss a judge on the written recommendation of the tribunal or medical board. The President may, at his or her own discretion, suspend from office any judge being investigated by a tribunal or medical board. The suspension automatically ceases if the tribunal or medical board recommends that the judge not be removed from office.
Section 139 declares that all judges in office before the commencement of the Constitution remain in office under it.
Chapter 11:Accountability. Chapter 11 of the 1997 Constitution of Fiji is titled Accountability. Its 19 sections, divided into 5 parts, include a code of conduct expected of all government officers and employees, and establish a number of constitutional offices.
The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.
The Chief Justice is Fiji's highest judicial officer. The office and its responsibilities are set out in Chapter 5 of the 2013 Constitution of Fiji. The Chief Justice is appointed by the President on the advice of the Prime Minister
The High Court of Fiji is one of three courts that was established by Chapter 9 of the 1997 Constitution of Fiji — the others being the Court of Appeal and the Supreme Court. The Constitution empowered Parliament to create other courts; these were to be subordinate to the High Court, which was authorized to oversee all proceedings of such courts. The High Court had unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution.
The Supreme Court of Fiji is one of three courts established by the now-defunct Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" – in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the appellate functions formerly performed by the United Kingdom's Judicial Committee of the Privy Council before Fiji became a republic in 1987.
The Court of Appeal of Fiji is one of three courts that were established by Chapter 9 of the 1997 Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it. The Constitution authorizes the Court of Appeal "to hear and determine appeals" from all judgements of the High Court. From time to time, other powers may be assigned to this court by law.
Puisne judges in Fiji sit on the High Court and the Court of Appeal, but not on the Supreme Court. According to the now-abrogated Chapter 9 of the Fijian 1997 Constitution, there must be a minimum of ten puisne judges, who are appointed by the President on the nomination of the Judicial Service Commission, who must first consult the appropriate Cabinet Minister and the committee of the House of Representatives responsible for the administration of justice.
Justices of Appeal in Fiji are judges who sit on the Court of Appeal and on the Supreme Court, but not on the High Court.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
The Chief Justice of Ghana is the highest-ranking judge of the Supreme Court of Ghana. The chief justice is also the head of the Judiciary of Ghana and is responsible for its administration and supervision. In order of state precedence, the chief justice is the fourth highest official in Ghana.
The Chief Justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the Chief Justice is one of ten Supreme Court justices; the other nine are the Puisne Justices of the Supreme Court of Sri Lanka. The post was created in 1801. The Chief Justice is nominated by the Constitutional Council, and appointed by the President. The first Chief Justice was Codrington Edmund Carrington. The 47th and current Chief Justice is Jayantha Jayasuriya.
The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. On 30 July 2020, a new building was inaugurated jointly by Indian Prime Minister Narendra Modi and Mauritian Prime Minister Pravind Jugnauth.
The Judicial Service Commission (JSC) of Kenya is an independent Commission established under Article 171 of the Constitution of Kenya. Its mandate as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice. The commission has 11 members with the initial team appointed in December 2010.
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
The Indian High Courts Act 1861 was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the First War of Independence of 1857 and consolidated the parallel legal systems of the Crown and the East India Company.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.
David Kenani Maraga is a Kenyan lawyer and jurist. He was the 14th chief justice and president of the Supreme Court of Kenya from October 2016 till his retirement in January 2021.
The Supreme Court of the Gambia is a superior court of record and the highest court in The Gambia. Established in 1851, it has appellate and original jurisdiction over any law exceeding the powers conferred by the Constitution or any law upon the National Assembly or any other person or authority.
 | Wikisource has original text related to this article: |