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The Community Courts of Eritrea are the foundation of the judicial system in Eritrea. The courts typically hear cases regarding minor infractions, typically involving sums of less than approximately $7,300 (100 thousand nakfa).
Eritrea, officially the State of Eritrea, is a country in the Horn of Africa, with its capital at Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast. The northeastern and eastern parts of Eritrea have an extensive coastline along the Red Sea. The nation has a total area of approximately 117,600 km2 (45,406 sq mi), and includes the Dahlak Archipelago and several of the Hanish Islands. Its toponym Eritrea is based on the Greek name for the Red Sea, which was first adopted for Italian Eritrea in 1890.
Individual cases are heard by an individual magistrate. Defense counsels are permitted to present cases but are typically appointed by the court because defendants are rarely able to meet the cost of private representation. [1]
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters.
Community magistrates are elected from the communities which they will serve. These courts are supervised by the Ministry of Justice. [2] The community courts tend to promote out-of-court settlements and have a small (2.9%) appeal rate. [3]
A Ministry of Justice is a common type of government department that serves as a justice ministry.
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. A similar attitude towards a legislative body is termed contempt of Parliament or contempt of Congress.
Politics of Eritrea takes place in a framework of a single-party presidential republican totalitarian dictatorship, whereby the President is both head of state and head of government. The People's Front for Democracy and Justice is the only political party legally permitted to exist in Eritrea. The popularly elected National Assembly of 150 seats, formed in 1993 shortly after independence, elected the current president, Isaias Afewerki. There have been no general elections since its official independence in 1993. They are governed under the constitution of 1993. A new constitution was ratified in 1997, but has not been implemented.
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.
A Justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa and the United States.
A court clerk is an officer of the court whose responsibilities include maintaining records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors.
In England and Wales, a magistrates' court is a lower court which holds trials for summary offences and preliminary hearings for more serious ones. Some civil matters are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
The judiciary of Gibraltar is a branch of the Government of Gibraltar that interprets and applies the law of Gibraltar, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Gibraltar is based on English law and is a mix of common law and statute. The hierarchical system of courts includes a magistrates' court, a supreme court and a non-resident appellate court.
The Regional Courts of Eritrea are an intermediate system of courts of appeal in Eritrea. It has both original and appellate jurisdiction.
Fozia Hashim is a former head of the Eritrean High Court. She is a Muslim woman and in 1993 was appointed to the post of Minister of Justice.
The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia. All criminal proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence. Most criminal cases are first heard in the Magistrates Court, as are most civil cases. The Magistrates Court hears approximately 95% of all court cases in Queensland.
The Family Court of Western Australia is a state court that deals with family law. It was established by the passing of the Family Court Act and commenced operation in 1976. It is a state Family Court under section 41 of the Commonwealth Family Law Act 1975, and deals with the same issues as the Commonwealth Family Court, including divorce, marital property settlements, and child custody, and also adoption and surrogacy. Although funded by the Commonwealth Government, it is the only state-based family court in Australia. The reason for the creation of the court as a state court was to bestow additional jurisdiction related to family law on the court, which were beyond the scope of federal power, such as de facto arrangements and adoptions.
In the United States and several other countries, including the United Kingdom, Canada, and South Africa, a community court is a neighborhood-focused problem-solving court that applies a problem-solving approach to local crime and safety concerns. Community courts can take many forms, but all strive to create new relationships, both within the justice system and with outside stakeholders such as residents, merchants, churches and schools. Community courts emphasize collaboration, crime prevention, and improved outcomes, including lower recidivism and safer communities. Community courts are also sometimes referred to as community or neighborhood justice centers.
The Aboriginal Community Court is the name given to the specialised courts dealing with indigenous offenders in the Australian State of Western Australia. The proceedings are conducted in the Magistrates Court of Western Australia. The court is not an actual court, but it is the commonly referred to designation of the court when dealing with indigenous offenders accused of crime. This is to show its distinctiveness from the usual procedures involved in that criminal court, but also to demonstrate that the same court structure deals with both indigenous and non-indigenous offenders.
Anne L. Mactavish is a Canadian Federal Court trial judge. Born in Montreal, Quebec, Canada, her education was at Bishop's University, University of New Brunswick and University of Ottawa. She was called to the Bar of Ontario in 1982. She became an Associate and Partner at Perley-Robertson, Panet, Hill & McDougall from 1982 to 1996. She was appointed President of the Human Rights Tribunal Panel in 1995, and Chairperson of the Canadian Human Rights Tribunal in 1998. Mactavish was also President of the County of Carleton Law Association.
The Judiciary of Barbados is an independent branch of the Barbadian government, subject only to the Barbadian Constitution. It is headed by the Chief Justice of Barbados. Barbados is a common law jurisdiction, in which precedents from English law and British Commonwealth tradition may be taken into account.
In the legal system of England and Wales, there is a history of involving lay people, namely people from the local community who are not required to hold any legal qualifications, in the judicial decision-making process of the courts. They are called justices of the peace or magistrates.
The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).
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