Fiji, officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean about 1,100 nautical miles northeast of New Zealand's North Island. Its closest neighbours are Vanuatu to the west, New Caledonia to the southwest, New Zealand's Kermadec Islands to the southeast, Tonga to the east, the Samoas and France's Wallis and Futuna to the northeast, and Tuvalu to the north. Fiji consists of an archipelago of more than 330 islands—of which 110 are permanently inhabited—and more than 500 islets, amounting to a total land area of about 18,300 square kilometres (7,100 sq mi). The most outlying island is Ono-i-Lau. The two major islands, Viti Levu and Vanua Levu, account for 87% of the total population of 898,760. The capital, Suva, on Viti Levu, serves as the country's principal cruise-ship port. About three-quarters of Fijians live on Viti Levu's coasts, either in Suva or in smaller urban centres such as Nadi—where tourism is the major local industry—or Lautoka, where the sugar-cane industry is paramount. Due to its terrain, the interior of Viti Levu is sparsely inhabited.
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 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.
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.
Justices of Appeal are appointed by the President on the nomination of the Judicial Service Commission, which is required to consult first with the appropriate Cabinet Minister and with the committee of the House of Representatives overseeing the administration of justice. A Justice of Appeal is required by the Constitution to be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or a past or present senior judicial officer 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, Australia and New Zealand, among other countries, have sometimes served on Fiji's courts, including as Justices of Appeal.
The President of the Republic of Fiji is the Head of State of Fiji. The President is appointed by the Parliament of Fiji for a three-year term under the terms of the 2013 Constitution of Fiji. Although not entirely a figurehead, the President's role in government is mostly ceremonial, but there are important reserve powers that may be exercised in the event of a crisis. In addition, the President is Commander-in-Chief of the Military Forces.
The Cabinet of Fiji is the Fijian Government's body of Ministers. It is appointed by the Prime Minister of Fiji and responsible to the Parliament of Fiji. The Cabinet's constitutional basis is sections 90 to 96 of the 2013 Constitution of Fiji.
The House of Representatives was the lower chamber of Fiji's Parliament from 1970 to 2006. It was the more powerful of the two chambers; it alone had the power to initiate legislation. The House of Representatives also had much greater jurisdiction over financial bills; the Senate could not amend them, although it might veto them. Except in the case of amendments to the Constitution, over which a veto of the Senate was absolute, the House of Representatives might override a Senatorial veto by passing the same bill a second time, in the parliamentary session immediately following the one in which it was rejected by the Senate, after a minimum period of six months.
Justices of Appeal are required to retire on reaching the age of 70. The retirement age may be waived, however, for a term of not more than three years or for the duration of one or more sessions of the court concerned, to allow that person to continue in office, or to transfer to another judicial office, for a term of not more than three years. The waiver may be repeated, but not after the judge has reached the age of 75. No person, therefore, may serve as a Justice of Appeal after the age of 78.
Compulsory retirement does not prohibit retired judges from acting in that capacity on a temporary basis. Judges, including Justices of Appeal, who are past retirement age may therefore be called out of retirement, from time to time, to temporarily fill vacancies or to act in the place of one who is absent or otherwise unable to carry out his or her duties.
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.
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law or enforce law, but rather interprets law and applies it to the facts of each case. However, in some countries the judiciary does make common law, setting precedent for other courts to follow. This branch of the state is often tasked with ensuring equal justice under law.
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court.
The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, each serving six-year terms. Since 2004, the court has met in the Thomas J. Moyer Ohio Judicial Center on the east bank of the Scioto River in downtown Columbus. Prior to 2004, the court met in the James A. Rhodes State Office Tower and earlier in the Judiciary Annex of the Ohio Statehouse.
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the royal governor. Today, the Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law.
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the judges wear red robes. The Maryland Court of Appeals joins the New York Court of Appeals in being the only two state highest courts to bear the name "Court of Appeals" rather than "Supreme Court".
The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa. It was originally the final appellate court for constitutional matters. Since the enactment of the Superior Courts Act in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so.
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members—the Chief Justice and six Justices. Five members are chosen from five districts around the state to foster geographic diversity and two are selected at-large.
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, who is required by the Constitution to consult the Attorney-General. Under the previous 1997 Constitution, the Prime Minister was required to consult with the Leader of the Opposition. The appointment is permanent, until the Chief Justice reaches the age of 75 years.
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.
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma Constitution.
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 46th and current Chief Justice is Nalin Perera.
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.
The Chief Justice of Kenya is the head of the Judiciary of Kenya and President of the Supreme Court of Kenya and is an office established under Article 161 of the Kenyan Constitution. He or she is assisted by the Deputy Chief Justice who is also the Deputy President of the Supreme Court.
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.
The Supreme Court of the Dominican Republic is the highest court existing in the Republic and is, therefore, the head of the judiciary in the country.
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.
In Pennsylvania, the judiciary is chosen through a partisan election. Partisan elections involve judges political party to be listed on the ballot. The Commonwealth of Pennsylvania has not always elected judges through this process.
