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The Judiciary of Kiribati is the branch of the Government of Kiribati which interprets and applies the laws of the country. [1] In addition to the Constitution of Kiribati and the corpus of laws, the laws of Kiribati include customary law, which the courts must take into account when considering specified matters in criminal and civil proceedings.
Twenty-four magistrates' courts, composed of magistrates and a clerk, deal with less-serious civil, criminal, and land cases on a district basis. [2] Magistrates courts are district courts of summary jurisdiction and were formally established by the Magistrates Courts Ordinance of 1977. [3] They are by default composed of three magistrates appointed by the Minister of Justice on recommendation of the Chief Justice of the High Court, however, the Chief Justice may establish single magistrate units of which there are currently eleven operating on the islands of South Tarawa and Kiritimati. [3] [4]
The High Court hears more serious civil and criminal cases appealed to it by the magistrates' courts. It along with the Court of Appeal is constitutionally established as Kiribati's superior court of record. Appeals relating to land, divorce, and inheritance are dealt with by the High Court's Land Division. Prior to 2014 there was only the one High Court judge, but in that year a second puisne judge was appointed. The Chief Justice of Kiribati is the Head of the Judiciary in Kiribati and is appointed by the President of Kiribati on advice from the Cabinet in consultation with the Public Service Commission. Additional judges are appointed by the president on advice from the Chief Justice in consultation with the Public Service Commission. Only a person who has held office as a judge (in any country) or who has been qualified to practice law for at least five years are eligible to be appointed to the High Court. [5]
The Kiribati Court of Appeal hears appeals from the High Court. The court is composed of the Chief Justice and other judges of the High Court, and other such justices appointed by the president on advice of the Chief Justice of the High Court sitting with the Public Service Commission. [5] Judges appointed to the court in addition to the High Court judges may sit on the Court of Appeal for a specified term or for particular causes or matters. [5] The president chooses which judge shall sit as President of the Court of Appeals. A Court of Appeal judge may not sit for an appeal for a case in which they gave a decision on any court on which they were a member. [5]
Judges may only be removed if they are unable to carry out the functions of the office, or for "misbehavior" as decided by the president on resolution by the Maneaba ni Maungatabu after advice from a tribunal appointed by the president, one of whose members must be a person who has held "high judicial office". [5]
From 1877 to 1962, the Chief Justice of Fiji was ex officio the Chief Judicial Commissioner for the Western Pacific including the Gilbert Islands (as Gilbert and Ellice Islands colony).
| Name | Took office | Left office | Notes |
|---|---|---|---|
| Sir Geoffrey Briggs | 1962 | 1965 | |
| Sir Jocelyn Bodilly | 1965 | 1976 |
| Name | Took office | Left office | Notes |
|---|---|---|---|
| James Aiden O'Brien Quinn | 1977 | 1979 | [6] |
| Name | Took office | Left office | Notes |
|---|---|---|---|
| James Aiden O'Brien Quinn | 1979 | 1981 | [6] |
| Jeffrey R. Jones | 1981 | 1985 | |
| Vincent Oluoma Maxwell | 1985 | 1990 | |
| Faqir Muhammad | 1990 | 1994 | |
| Stanley Cory | 1995 | 1995 | Acting |
| Richard Lussick | 1995 | 2000 | |
| Robin Rhodes Millhouse | 2000 | 2011 | Also Chief Justice of Nauru 2006–2010 |
| Sir John Baptist Muria | 2011 | 2020 | |
| Bill Hastings | 2021 [7] | Incumbent | Suspended since 30 June 2022 (see 2022 Kiribati constitutional crisis) |
| Tetiro Semilota | 2022 | Acting |
The politics of the Falkland Islands takes place in a framework of a constitutional monarchy and parliamentary representative democratic dependency as set out by the constitution, whereby the Governor exercises the duties of head of state in the absence of the monarch and the Chief Executive is the head of the Civil Service, with an elected Legislative Assembly to propose new laws, national policy, approve finance and hold the executive to account.
Politics of Kiribati takes place in a framework of a parliamentary representative democratic republic, whereby the Beretitenti, President of Kiribati, is both the head of state and head of government, and of a multi-party system. Executive power is exercised by the government, Beretitenti, and his cabinet, all MPs. Legislative power is exercised by the House of Assembly. The Judiciary of Kiribati is independent of the executive and the legislature. The Constitution of Kiribati, promulgated at independence on 12 July 1979, establishes the Republic of Kiribati as a sovereign democratic republic and guarantees the fundamental rights of its citizens and residents.
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.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country. The Judiciary interprets the law of South Africa, using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the British Raj, with influence of medieval-era local judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The Supreme Court of Guam is the highest judicial body of the United States territory of Guam. The Court hears all appeals from the Superior Court of Guam and exercises original jurisdiction only in cases where a certified question is submitted to it by a U.S. federal court, the Governor of Guam, or the Guam Legislature. The Supreme Court of Guam is the ultimate judicial authority on local matters. In the past, appeals of questions involving the U.S. Constitution or federal laws or treaties were heard by a three-judge appellate panel of the U.S. District Court of Guam, from which appeals could be further taken to the United States Court of Appeals for the Ninth Circuit, but this is no longer the case. Since 2006, the court's decisions have only been appealable to the Supreme Court of the United States, in line with the practice regarding the highest courts of the 50 states. The Court sits in the Monessa G. Lujan Memorial Courtroom, which is on the third floor of the Guam Judicial Center in Hagatna, Guam.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.
The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994.
The chief justice of Malta is the primus inter pares of the members of the Maltese judiciary and leads the business of the superior courts of Malta.
The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.
The Supreme Court of Mauritius is the highest court of Mauritius and 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. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.
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).
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.