The executive order aims to phase out federal reliance on privately operated criminal detention facilities. It notes that over 2 million people are incarcerated in the US, disproportionately people of color, and that private prisons do not provide the same level of safety, security, rehabilitation or correctional services as federal facilities. The order directs the Attorney General not to renew Department of Justice contracts with private prison operators, in line with applicable law, to help reduce profit-based incentives for mass incarceration and ensure just and humane treatment of those in the criminal justice system.
The document is a report by the International Bar Association's Human Rights Institute and the Council of Bars and Law Societies of Europe on threats to the rule of law in Poland. It examines recent legislation that threatens the independence of the judiciary, legal profession, and prosecution system in Poland. The report finds that the former Polish government appeared to be attempting to gain control over the entire justice system in violation of constitutional and international law standards. It concludes that most of the legislation enables unwarranted executive overreach and encroachment on independent institutions.
The Peshawar High Court granted bail to 75 suspected drug pushers due to the provincial government's failure to notify special courts as required by the new KP Control of Narcotics Substance Act. The law requires arrested persons and seized articles to be produced before special courts within 24 hours, but the government has not established these courts over four months since the law's passage. As a result, the high court has received many bail petitions. The court also pointed out other lapses by the government, including a lack of authorization for some police officers' actions under the new law.
NYCLA Task Force Concludes Judicial Budget Cuts Have Raised the Price for Acc...NYCLA14
Reflecting the historic commitment of the New York County Lawyers’ Association (NYCLA) to access to justice for all New Yorkers and to the effective administration of justice by the court system, the NYCLA Board, on the recommendation of newly elected President Stewart D. Aaron, established a Task Force on Judicial Budget Cuts on June 13, 2011. Its mandate was to prepare a preliminary report within 60 days, assessing the impact of the current fiscal year’s $170 million in judicial budgets cuts — cuts exacerbated by an early-retirement program and a job freeze. Task Force subcommittees promptly met with court administrators, judges, supervisory and clerical staff and lawyers; reviewed and evaluated available data about staff reductions and decreased funding for security and other critical services; and gathered anecdotal information from practicing lawyers.
The Preliminary Report presents the Task Force’s initial findings and observations for the following courts: Appellate Division, 1st Department, and Appellate Term; Civil Court of the City of New York; Criminal Courts, both Supreme Court, Criminal Term, New York County, and New York City Criminal Court, New York County; Family Court; Supreme Court, Civil Term, New York County; and Surrogate’s Court, New York County. (A preliminary report on the U.S. District Court for the Southern District of New York will be issued shortly.)
Many of the issues arising from the budget cuts are common to all the courts, while some reflect the experience of particular courts. The report emphasizes that the budget cuts were imposed only several months ago and the effects will accrue over time. The Task Force plans to continue to assess the cuts by holding hearings in the fall and issuing additional reports.
The document discusses decentralization in Cameroon's administrative system. It outlines that decentralization involves transferring competencies from central administration to regions and local authorities according to Law No 2004/17. This decentralization consists of two main organs: regions and local collectivities governed by Laws No 2004/19 and 2004/18 respectively. While the constitution establishes regions and their boundaries, in practice decentralized authorities have limited powers as the president retains significant control over regional organs.
The 18th Amendment to Pakistan's Constitution passed in 2010 removed the president's power to dissolve parliament unilaterally, transitioning Pakistan to a parliamentary republic. It also renamed North-West Frontier Province to Khyber Pakhtunkhwa and countered sweeping presidential powers accumulated under previous military leaders. The amendment bill passed both houses of parliament and was signed into law by President Zardari, marking the first time a Pakistani president willingly relinquished significant powers to parliament and the prime minister.
The Civil Procedure Code of 1908 is the primary statute governing civil procedure in Pakistan. It originated from codes established under British rule and has been amended over time. The Code regulates civil proceedings and asserts or enforces civil rights. It has both procedural and substantive components. Procedural components outline the process of litigation, while substantive components deal with other legal matters. Rules of civil procedure come from statutes passed by legislatures, case law from judicial decisions, and rules framed by High Courts under the Civil Procedure Code. High Courts are empowered to make rules regulating their own procedures so long as they do not contradict the court's letters patent.
The executive order aims to phase out federal reliance on privately operated criminal detention facilities. It notes that over 2 million people are incarcerated in the US, disproportionately people of color, and that private prisons do not provide the same level of safety, security, rehabilitation or correctional services as federal facilities. The order directs the Attorney General not to renew Department of Justice contracts with private prison operators, in line with applicable law, to help reduce profit-based incentives for mass incarceration and ensure just and humane treatment of those in the criminal justice system.
The document is a report by the International Bar Association's Human Rights Institute and the Council of Bars and Law Societies of Europe on threats to the rule of law in Poland. It examines recent legislation that threatens the independence of the judiciary, legal profession, and prosecution system in Poland. The report finds that the former Polish government appeared to be attempting to gain control over the entire justice system in violation of constitutional and international law standards. It concludes that most of the legislation enables unwarranted executive overreach and encroachment on independent institutions.
The Peshawar High Court granted bail to 75 suspected drug pushers due to the provincial government's failure to notify special courts as required by the new KP Control of Narcotics Substance Act. The law requires arrested persons and seized articles to be produced before special courts within 24 hours, but the government has not established these courts over four months since the law's passage. As a result, the high court has received many bail petitions. The court also pointed out other lapses by the government, including a lack of authorization for some police officers' actions under the new law.
NYCLA Task Force Concludes Judicial Budget Cuts Have Raised the Price for Acc...NYCLA14
Reflecting the historic commitment of the New York County Lawyers’ Association (NYCLA) to access to justice for all New Yorkers and to the effective administration of justice by the court system, the NYCLA Board, on the recommendation of newly elected President Stewart D. Aaron, established a Task Force on Judicial Budget Cuts on June 13, 2011. Its mandate was to prepare a preliminary report within 60 days, assessing the impact of the current fiscal year’s $170 million in judicial budgets cuts — cuts exacerbated by an early-retirement program and a job freeze. Task Force subcommittees promptly met with court administrators, judges, supervisory and clerical staff and lawyers; reviewed and evaluated available data about staff reductions and decreased funding for security and other critical services; and gathered anecdotal information from practicing lawyers.
The Preliminary Report presents the Task Force’s initial findings and observations for the following courts: Appellate Division, 1st Department, and Appellate Term; Civil Court of the City of New York; Criminal Courts, both Supreme Court, Criminal Term, New York County, and New York City Criminal Court, New York County; Family Court; Supreme Court, Civil Term, New York County; and Surrogate’s Court, New York County. (A preliminary report on the U.S. District Court for the Southern District of New York will be issued shortly.)
Many of the issues arising from the budget cuts are common to all the courts, while some reflect the experience of particular courts. The report emphasizes that the budget cuts were imposed only several months ago and the effects will accrue over time. The Task Force plans to continue to assess the cuts by holding hearings in the fall and issuing additional reports.
The document discusses decentralization in Cameroon's administrative system. It outlines that decentralization involves transferring competencies from central administration to regions and local authorities according to Law No 2004/17. This decentralization consists of two main organs: regions and local collectivities governed by Laws No 2004/19 and 2004/18 respectively. While the constitution establishes regions and their boundaries, in practice decentralized authorities have limited powers as the president retains significant control over regional organs.
The 18th Amendment to Pakistan's Constitution passed in 2010 removed the president's power to dissolve parliament unilaterally, transitioning Pakistan to a parliamentary republic. It also renamed North-West Frontier Province to Khyber Pakhtunkhwa and countered sweeping presidential powers accumulated under previous military leaders. The amendment bill passed both houses of parliament and was signed into law by President Zardari, marking the first time a Pakistani president willingly relinquished significant powers to parliament and the prime minister.
The Civil Procedure Code of 1908 is the primary statute governing civil procedure in Pakistan. It originated from codes established under British rule and has been amended over time. The Code regulates civil proceedings and asserts or enforces civil rights. It has both procedural and substantive components. Procedural components outline the process of litigation, while substantive components deal with other legal matters. Rules of civil procedure come from statutes passed by legislatures, case law from judicial decisions, and rules framed by High Courts under the Civil Procedure Code. High Courts are empowered to make rules regulating their own procedures so long as they do not contradict the court's letters patent.
5 Important Supreme Court Judgments on Indian Evidence Act, 1872Jharna Jagtiani
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, religious faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians.
The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
Amendments:
The Criminal Law Amendment Act, 2005
This Act is divided into three parts and there are 11 chapters in total under this Act.
> Part 1: deals with relevancy of the facts. There are two chapters under this part: the first chapter is a preliminary chapter which introduces to the Evidence Act and the second chapter specifically deals with the relevancy of the facts.
> Part 2: consists of chapters from 3 to 6. Chapter 3 deals with facts which need not be proved, chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and chapter 6 deals with circumstances when documentary evidence has been given preference over the oral evidence.
> Part 3: consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of proof. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence.
Source: Wikipedia
1) Pakistan has experienced repeated periods of martial law and unconstitutional takeovers since independence in 1947. The constitution was abrogated multiple times by military rulers who were initially validated by the Supreme Court on doctrines like "revolutionary legality" and "state necessity."
2) The 1973 constitution created a parliamentary democracy but was also suspended after the 1977 coup. The Supreme Court again validated the military takeover based on the "doctrine of state necessity." Subsequent amendments strengthened presidential powers.
3) In 1999, General Musharraf seized power in a coup. The reconstituted Supreme Court validated this based on the doctrine of "state necessity" despite some judges resigning in protest. The coup and Musharraf
The document contains questions and answers related to the Constitution of Pakistan and the legal system of Pakistan. It discusses several topics:
1. The main topics covered in Part III and Part VI of the Constitution of Pakistan, including the roles and responsibilities of the President and provisions around finance and taxation.
2. The process for promulgating an Ordinance in Pakistan by the President and its effects, needing to be passed by the National Assembly within 120 days.
3. Delegated legislation being law made by the executive under authority from Parliament, with a key disadvantage being removal of lawmaking from elected representatives.
4. Pakistan having a federal parliamentary system with the President as head of state and Prime
This document provides an overview of family law in Pakistan. It lists the key enactments related to family law and discusses various processes for divorce under Islamic law as practiced in Pakistan. Talaq (divorce initiated by the husband) requires written notice to the local council. Judicial separation (khula) and dissolution (faskh) can be sought by the wife in family court. The document also discusses financial claims wives can make after divorce, child custody issues, and Pakistan's protocols with other countries like the UK on international child abduction cases.
The document summarizes key parts of the Family Court Act 1964 of Pakistan. It establishes Family Courts in each district to handle matters related to marriage, divorce, child custody, and other family issues. The courts must have at least one woman judge and aim to resolve disputes through mediation and reconciliation where possible. They have exclusive jurisdiction over cases specified in the schedule, including divorce, dowry, and child custody. The courts also aim to determine maintenance amounts and their annual increase to support wives and children.
030905 ICC Policy Issues Before The Office Of The Prosecutor [For FAILURE TO ...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
This document is provided to EDUCATE and INFORM the Public/International Communities of the LAWFUL Options available to VICTIMS of War Crimes, Apartheid, Genocide, etc. by their Government Officials that have created a DESPOTISM Empire and MONOPOLIZED "ALL" Branches of Government and have REPEATEDLY "FAILED TO ACT" on Civil/Criminal Violations REPORTED to Government/Law Enforcement Agencies...
Doctrine of necessity and its applications by nepalese sc.a brief lookRajib Dahal
The document discusses several cases related to constitutional amendments in Nepal where the Supreme Court invoked the "doctrine of necessity".
1) The first case involved approving actions by the King to dissolve parliament. Later, when democracy was restored, the court cited necessity to justify reinstating parliament.
2) Subsequent cases involved extending the term of the Constituent Assembly tasked with drafting a new constitution. The court upheld some extensions citing necessity but struck down others that exceeded constitutional limits.
3) Throughout, the court grappled with balancing democratic principles with practical realities in Nepal's complex constitutional development process. The doctrine of necessity provided flexibility but was applied inconsistently.
The Sri Lankan Law is based on the Common Law System. Despite having a sound legal system, it is common notion how certain people exploit the loopholes of it and go above and beyond the law to escape the harsh punishment. This article, looks on how the legal system in Sri Lanka can be approved for a better society and a better tomorrow to combat the rising crime rate in Sri Lanla
The document discusses the Sandiganbayan, which is the Philippines' anti-graft court. It was established by the 1973 constitution and given jurisdiction over criminal and civil cases involving public officials. The Sandiganbayan is composed of a presiding justice and 14 associate justices who sit in five divisions. The court handles notable cases like those against former President Estrada and Senator Estrada. However, it faces issues like a high backlog of over 2,600 pending cases due to requirements that three justices must hear each case. Proposed reforms aim to address this by allowing single justices to accept evidence and increasing the number of divisions.
The provisions of 1999 constitution of nigeria on appointment,Alexander Decker
This document summarizes and analyzes provisions of the 1999 Nigerian Constitution regarding the appointment, discipline, and removal of judicial officers and their implications for an independent and effective judiciary. It discusses how the National Judicial Council was established to oversee these processes and ensure independence. However, it argues the current system still undermines independence in some ways, such as by allowing executive and legislative involvement in removing high court judges and justices. Centralizing too much power in the Chief Justice of Nigeria to appoint NJC members is also problematic. Overall, some constitutional reforms are needed to address these issues and further bolster an independent judiciary.
The document outlines the judicial system and powers of the courts in the Philippines according to the constitution. It discusses the structure of the court system with the Supreme Court at the top, followed by lower appellate and trial courts. It also describes the qualifications for Supreme Court justices, the jurisdiction and powers of the different courts, and aspects ensuring the independence of the judiciary such as fiscal autonomy and the process for appointing justices.
Article 11 outlines the accountability of public officers in the Philippine government. It establishes that public office is a public trust and outlines the officials that can be impeached, the grounds for impeachment, and the impeachment process. The House of Representatives initiates impeachment cases while the Senate conducts trials and decides outcomes. It also establishes special judicial institutions like the Sandiganbayan anti-graft court and offices of the Ombudsman and Special Prosecutor to promote accountability.
The document outlines the history and functions of the Department of Justice in the Philippines. It traces the origins and evolution of the DOJ from its establishment in 1897 to present day. It details the mandate of the DOJ as the principal law agency and legal counsel of the government. The DOJ oversees the administration of justice through agencies that investigate crimes, prosecute offenders, administer probation and corrections. It also regulates immigration and provides free legal assistance. The document lists the various attached agencies of the DOJ and briefly describes their functions.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
NAB and Corruption in Business in PakistanAyesha Majid
the core objective of this paper is to beware ourselves of what are the practices that must be avoided in practical world in Pakistan as to stay legal and avoid fraudulent practices in both private and government sector. Also in lieu of the current National Action Plan, NAB is very active in bringing the culprits within the framework of law.
The MRTP Act of 1969 established the Monopolies and Restrictive Trade Practices Commission (MRTPC) to investigate unfair trade practices, restrictive trade practices, and monopolistic trade practices in India. The MRTPC has powers like a civil court to summon witnesses, discover documents, and award compensation. It can direct companies to modify restrictive agreements, issue corrective advertisements, or divide undertakings if their practices harm public interest. The goal of the MRTP Act was to prevent concentration of economic power and promote social justice, fair competition, reasonable prices, and fair treatment of consumers.
The MRTP Act was enacted in 1969 to control monopolies and unfair trade practices in India. It established the Monopolies and Restrictive Trade Practices Commission (MRTPC) as an independent quasi-judicial body to investigate such practices, pass orders, and award compensation. The MRTPC had powers similar to civil courts to summon witnesses, seek documents, and grant injunctions. However, it was constrained by limited resources and inability to directly enforce its orders. Reforms were introduced over time, such as allowing it to grant injunctions without notice in 1984 and award compensation in 1991. However, its effectiveness remained limited.
5 Important Supreme Court Judgments on Indian Evidence Act, 1872Jharna Jagtiani
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, religious faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians.
The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
Amendments:
The Criminal Law Amendment Act, 2005
This Act is divided into three parts and there are 11 chapters in total under this Act.
> Part 1: deals with relevancy of the facts. There are two chapters under this part: the first chapter is a preliminary chapter which introduces to the Evidence Act and the second chapter specifically deals with the relevancy of the facts.
> Part 2: consists of chapters from 3 to 6. Chapter 3 deals with facts which need not be proved, chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and chapter 6 deals with circumstances when documentary evidence has been given preference over the oral evidence.
> Part 3: consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of proof. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence.
Source: Wikipedia
1) Pakistan has experienced repeated periods of martial law and unconstitutional takeovers since independence in 1947. The constitution was abrogated multiple times by military rulers who were initially validated by the Supreme Court on doctrines like "revolutionary legality" and "state necessity."
2) The 1973 constitution created a parliamentary democracy but was also suspended after the 1977 coup. The Supreme Court again validated the military takeover based on the "doctrine of state necessity." Subsequent amendments strengthened presidential powers.
3) In 1999, General Musharraf seized power in a coup. The reconstituted Supreme Court validated this based on the doctrine of "state necessity" despite some judges resigning in protest. The coup and Musharraf
The document contains questions and answers related to the Constitution of Pakistan and the legal system of Pakistan. It discusses several topics:
1. The main topics covered in Part III and Part VI of the Constitution of Pakistan, including the roles and responsibilities of the President and provisions around finance and taxation.
2. The process for promulgating an Ordinance in Pakistan by the President and its effects, needing to be passed by the National Assembly within 120 days.
3. Delegated legislation being law made by the executive under authority from Parliament, with a key disadvantage being removal of lawmaking from elected representatives.
4. Pakistan having a federal parliamentary system with the President as head of state and Prime
This document provides an overview of family law in Pakistan. It lists the key enactments related to family law and discusses various processes for divorce under Islamic law as practiced in Pakistan. Talaq (divorce initiated by the husband) requires written notice to the local council. Judicial separation (khula) and dissolution (faskh) can be sought by the wife in family court. The document also discusses financial claims wives can make after divorce, child custody issues, and Pakistan's protocols with other countries like the UK on international child abduction cases.
The document summarizes key parts of the Family Court Act 1964 of Pakistan. It establishes Family Courts in each district to handle matters related to marriage, divorce, child custody, and other family issues. The courts must have at least one woman judge and aim to resolve disputes through mediation and reconciliation where possible. They have exclusive jurisdiction over cases specified in the schedule, including divorce, dowry, and child custody. The courts also aim to determine maintenance amounts and their annual increase to support wives and children.
030905 ICC Policy Issues Before The Office Of The Prosecutor [For FAILURE TO ...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
This document is provided to EDUCATE and INFORM the Public/International Communities of the LAWFUL Options available to VICTIMS of War Crimes, Apartheid, Genocide, etc. by their Government Officials that have created a DESPOTISM Empire and MONOPOLIZED "ALL" Branches of Government and have REPEATEDLY "FAILED TO ACT" on Civil/Criminal Violations REPORTED to Government/Law Enforcement Agencies...
Doctrine of necessity and its applications by nepalese sc.a brief lookRajib Dahal
The document discusses several cases related to constitutional amendments in Nepal where the Supreme Court invoked the "doctrine of necessity".
1) The first case involved approving actions by the King to dissolve parliament. Later, when democracy was restored, the court cited necessity to justify reinstating parliament.
2) Subsequent cases involved extending the term of the Constituent Assembly tasked with drafting a new constitution. The court upheld some extensions citing necessity but struck down others that exceeded constitutional limits.
3) Throughout, the court grappled with balancing democratic principles with practical realities in Nepal's complex constitutional development process. The doctrine of necessity provided flexibility but was applied inconsistently.
The Sri Lankan Law is based on the Common Law System. Despite having a sound legal system, it is common notion how certain people exploit the loopholes of it and go above and beyond the law to escape the harsh punishment. This article, looks on how the legal system in Sri Lanka can be approved for a better society and a better tomorrow to combat the rising crime rate in Sri Lanla
The document discusses the Sandiganbayan, which is the Philippines' anti-graft court. It was established by the 1973 constitution and given jurisdiction over criminal and civil cases involving public officials. The Sandiganbayan is composed of a presiding justice and 14 associate justices who sit in five divisions. The court handles notable cases like those against former President Estrada and Senator Estrada. However, it faces issues like a high backlog of over 2,600 pending cases due to requirements that three justices must hear each case. Proposed reforms aim to address this by allowing single justices to accept evidence and increasing the number of divisions.
The provisions of 1999 constitution of nigeria on appointment,Alexander Decker
This document summarizes and analyzes provisions of the 1999 Nigerian Constitution regarding the appointment, discipline, and removal of judicial officers and their implications for an independent and effective judiciary. It discusses how the National Judicial Council was established to oversee these processes and ensure independence. However, it argues the current system still undermines independence in some ways, such as by allowing executive and legislative involvement in removing high court judges and justices. Centralizing too much power in the Chief Justice of Nigeria to appoint NJC members is also problematic. Overall, some constitutional reforms are needed to address these issues and further bolster an independent judiciary.
The document outlines the judicial system and powers of the courts in the Philippines according to the constitution. It discusses the structure of the court system with the Supreme Court at the top, followed by lower appellate and trial courts. It also describes the qualifications for Supreme Court justices, the jurisdiction and powers of the different courts, and aspects ensuring the independence of the judiciary such as fiscal autonomy and the process for appointing justices.
Article 11 outlines the accountability of public officers in the Philippine government. It establishes that public office is a public trust and outlines the officials that can be impeached, the grounds for impeachment, and the impeachment process. The House of Representatives initiates impeachment cases while the Senate conducts trials and decides outcomes. It also establishes special judicial institutions like the Sandiganbayan anti-graft court and offices of the Ombudsman and Special Prosecutor to promote accountability.
The document outlines the history and functions of the Department of Justice in the Philippines. It traces the origins and evolution of the DOJ from its establishment in 1897 to present day. It details the mandate of the DOJ as the principal law agency and legal counsel of the government. The DOJ oversees the administration of justice through agencies that investigate crimes, prosecute offenders, administer probation and corrections. It also regulates immigration and provides free legal assistance. The document lists the various attached agencies of the DOJ and briefly describes their functions.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
NAB and Corruption in Business in PakistanAyesha Majid
the core objective of this paper is to beware ourselves of what are the practices that must be avoided in practical world in Pakistan as to stay legal and avoid fraudulent practices in both private and government sector. Also in lieu of the current National Action Plan, NAB is very active in bringing the culprits within the framework of law.
The MRTP Act of 1969 established the Monopolies and Restrictive Trade Practices Commission (MRTPC) to investigate unfair trade practices, restrictive trade practices, and monopolistic trade practices in India. The MRTPC has powers like a civil court to summon witnesses, discover documents, and award compensation. It can direct companies to modify restrictive agreements, issue corrective advertisements, or divide undertakings if their practices harm public interest. The goal of the MRTP Act was to prevent concentration of economic power and promote social justice, fair competition, reasonable prices, and fair treatment of consumers.
The MRTP Act was enacted in 1969 to control monopolies and unfair trade practices in India. It established the Monopolies and Restrictive Trade Practices Commission (MRTPC) as an independent quasi-judicial body to investigate such practices, pass orders, and award compensation. The MRTPC had powers similar to civil courts to summon witnesses, seek documents, and grant injunctions. However, it was constrained by limited resources and inability to directly enforce its orders. Reforms were introduced over time, such as allowing it to grant injunctions without notice in 1984 and award compensation in 1991. However, its effectiveness remained limited.
This document discusses the independence and accountability of the judiciary in India. It notes that while independence is important to prevent political interference, judges must also be accountable to prevent abuse of power. The document examines the Judicial Standards and Accountability Bill of 2010, which aims to define misconduct and establish processes for investigating complaints against judges. While the bill aims to increase accountability, some argue it could undermine judicial independence by restricting judges' associations and public commentary. Overall, the document stresses the need to balance judicial independence with accountability to ensure impartial decision making and maintain public trust.
The Constitutional Court has handed down several judgements regarding the right to vote in South Africa. It found that South African citizens living abroad have the right to vote if registered. It also ruled that denying prisoners the right to vote was unconstitutional. Parliament later amended the law to disenfranchise prisoners serving sentences without the option of a fine. The rule of law requires that the state exercises power as authorized by law. South African courts have invoked the rule of law to limit government power and ensure it complies with the constitution. The court also sought to protect the independence of the National Prosecuting Authority by invalidating laws that could compromise its independence or induce favoritism. However, some argue the appointment of the NPA head remains vulnerable
The Chief Justice of Kenya held a meeting with other judiciary leaders to discuss recent criticisms of the judiciary. The leaders concluded that while the judiciary must remain independent, it also must be accountable, efficient, and transparent. They pledged to be more responsive to constructive criticism. They acknowledged corruption as a major issue and outlined steps taken to expedite the 94 pending corruption cases, such as adding more magistrates and case management training. The leaders agreed to improve communication with the public and media regarding case progress and address issues hampering prosecution of corruption cases through inter-agency collaboration.
This document provides an overview and summary of the Prevention of Corruption Act, 1988 in India. It discusses how the Act aims to curb corruption among public servants by defining criminal offenses and associated penalties. Key points include:
- The Act consolidated previous anti-corruption laws and expanded the definition of a "public servant." It created special courts to try corruption cases.
- Offenses under the Act include a public servant accepting bribes, obtaining pecuniary advantages through abuse of power, or possessing disproportionate assets. Penalties include minimum six month imprisonment.
- The Act also includes presumptions of guilt that shift the burden of proof to the accused public servant in some cases. Investigation of offenses can be done
Supreme Court may kindly consider whether SIT appointed on its order needs to...D Murali ☆
The Supreme Court may consider winding up the Special Investigation Team (SIT) it appointed in 2011 to investigate cases of unaccounted money held abroad by Indians. The SIT was established to oversee investigations into cases like Hassan Ali Khan and Tapurias regarding foreign black money. However, its constitution represented an overreach of the judiciary into the executive's powers over tax matters. Further, a new government is now in power and has established its own agencies like the Multi Agency Group to handle similar cases, creating duplication of efforts. It is argued that the time has come for the Supreme Court to review whether continued supervision of the SIT's work falls within its jurisdiction and whether the SIT should continue functioning as a parallel body
The document discusses the Philippine judiciary system. It is comprised of regular courts organized into four levels - the Supreme Court, Court of Appeals, Regional Trial Courts, and Metropolitan/Municipal Trial Courts. There are also special courts like the Sharia Court and Court of Tax Appeals that have limited jurisdiction. Quasi-judicial agencies that help support the judiciary include the Civil Service Commission, Commission on Elections, and Commission on Audit. The Supreme Court is the highest court and has the Chief Justice and 14 Associate Justices who must be natural born Filipinos over 40 with 15+ years experience as a lower court judge or practicing law.
Similar to Media statement: Special tribunal on corruption (20)
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The Ministry of Justice and Correctional Services has confirmed that an extradition application for the two men linked to the murder of Kiernan 'AKA' Forbes and Tebello 'Tibz' Motsoane has been approved and sent to the Director of Public Prosecutions in eSwatini.
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Minister of Justice and Correctional Services Ronald Lamola’s Keynote Address at the Rand Merchant Bank Investment Big Five Investment Conference, 13 September 2022
ANC Social Peace and Stability Policy DocumentSABC News
This document provides an overview of the 2022 Policy Conference special edition focusing on unity and renewal in South Africa. It discusses several global challenges including the ongoing impacts of the COVID-19 pandemic, geopolitical tensions between Russia and Ukraine, a bleak global economic outlook, climate change, cybersecurity threats, and migration issues. On the continental level, it outlines security issues in Africa including conflicts, terrorism, and unconstitutional changes in government. It emphasizes that continental and regional leadership is needed to address poverty, inequality, and other human security issues threatening Southern Africa.
Education, Health, Science and Technology.pdfSABC News
This document provides an assessment of the work done by the ANC Subcommittee on Education, Health, Science and Technology. It evaluates the progress made in implementing ANC policies in these sectors since the 2017 ANC National Conference. The assessment finds both successes and challenges. Key areas of progress include expanding access to basic education and primary healthcare. However, it also finds that implementation of some conference resolutions has been weak. There are also ongoing issues like inadequate leadership, funding gaps, and a need to strengthen community involvement. The document puts forward questions to guide discussions on improving policies and services in education, health, science and technology.
ANC Legislature and Governance Policy DocumentSABC News
The document discusses policy goals for the ANC related to legislature and governance in South Africa for 2022. It begins by outlining the theme of unity and renewal to defend democratic gains. It then reviews previous ANC resolutions on legislature and governance from national conferences since 2007. Over 144 resolutions were made across eight areas, including reviewing state policies, improving human resources, and addressing service delivery. The document evaluates progress on implementing these resolutions and identifies ongoing challenges like factionalism and failure to implement policies. It proposes strengthening accountability measures and monitoring of deployed ANC members. Additional discussion questions are provided on various topics.
ANC Social Transformation Policy DocumentSABC News
The document outlines resolutions from the ANC's 54th National Conference relating to social transformation, safety of women and children, substance abuse, and empowering vulnerable groups. Key resolutions include:
1) ANC branches must lead communities in addressing social issues and building social cohesion through regular dialogue and exemplary conduct.
2) Legislation against hate crimes and all forms of racism/discrimination must be enforced. African history and culture should be promoted.
3) Education, sports, arts and community organizations can help address issues like substance abuse, violence, and build social cohesion. Street and village committees and safety forums need to protect communities and address social issues.
ANC Progressive Internationalism in a Changing World Policy DocumentSABC News
The document discusses the ANC's pursuit of progressive internationalism in a changing world. It notes that international relations will continue playing a central role in enabling South Africa's development. It summarizes recent global challenges like the COVID-19 pandemic, rise in right-wing populism, and conflict in Ukraine. The document emphasizes the ANC's commitment to strengthening progressive forces on the African continent to achieve goals like the African Union's Agenda 2063. It stresses the importance of strengthening regional bodies like the AU, SADC, and fully implementing the African Continental Free Trade Area.
ANC Arts, Culture and Heritage Policy DocumentSABC News
This document discusses the ANC's policy on arts, culture and heritage in South Africa. It provides context on the ANC's vision for arts and culture dating back to the Freedom Charter in 1955. It then evaluates the ANC's performance in developing and implementing arts and culture policy over the past 28 years, noting that policies have been ad hoc with little input from the ANC. Key factors that led to the marginalization of arts and culture during democratic transition include the ANC forgetting the role it played in the liberation struggle and prioritizing other portfolios. The document argues that a vibrant arts and culture policy rooted in communities is needed to strengthen social cohesion.
This document discusses the need for organizational renewal within the ANC in the context of an existential crisis facing the movement. It outlines two main problems - the ANC has become distant and out of touch, and it is losing credibility and trust due to issues like corruption. The document argues that renewal must address these issues to allow the ANC to fulfill its historic revolutionary mission. It emphasizes the ANC's history of resilience through past crises by renewing its values and capabilities. The current crisis presents an opportunity for decisive renewal to restore the ANC's role as an agent of change leading South Africa towards a national democratic society.
ANC Strengthening Economic Recovery and Reconstruction to Build an Inclusive ...SABC News
This document discusses strengthening South Africa's economic recovery and building an inclusive economy. It provides context on the ANC's vision for the economy guided by ensuring all South Africans share in the country's wealth. While significant progress has been made since 1994, apartheid's legacy remains with high unemployment, poverty, and inequality disproportionately impacting black people, women, youth and those with disabilities. The document outlines challenges over the past decade including slow growth, rising corruption, state capture, and recent economic shocks. It argues the ANC must fundamentally reshape the economy in a sustainable way to meet demands for a better life. The ANC's framework is outlined focusing on structural reforms, industrial policy, and macroeconomic stability to accelerate inclusive growth
This document provides an analysis of the balance of forces affecting South Africa's transformation agenda. It discusses developments since the ANC's 2017 conference that have shifted the balance of forces, including the COVID-19 pandemic, July 2021 unrest, and ANC's reduced election support. It analyzes the balance of forces around the five pillars of struggle: the state, economy, organizational work, ideological struggle, and international work. Regarding the state, it notes issues like state capture, July 2021 insurrection, and need to address poverty and lack of economic opportunities. For the economy, it discusses unemployment, poverty, inequality, and racial disparities. The document calls for harnessing new energies to reengage communities and advance the transformation
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. Special Tribunal on Corruption, Fraud and Illicit
Money Flows to commence operations in
October
26 September 2019
The Minister of Justice and CorrectionalServices, Mr Ronald Lamola, has gazetted
regulations for the Special Investigation Unit’s Special Tribunal. These regulations
come into effect upon publication in the Government Gazettetoday.
The Special Tribunal will be fully operationalfrom the 1st of October 2019 and the
value of cases ready for adjudication and recovery, stands at R14, 7 billion.
Chaired by Judge Gidfonia Mlindelwa Makhanya, the special tribunal has a
statutory mandate to recover public funds syphoned from the fiscus through
corruption, fraud and illicit money flows. Special tribunals differ from ordinary civil
proceedings which are adversarial in nature. The Special Tribunal adopts a more
flexible and expeditious approach to legal actions, its proceedings are inquisitorial
in nature and characterised by extensive pre-trial investigations. Furthermore,
the Tribunal President or a Member of the Tribunal is empowered to dictate the
pace of proceedings.
Judge Makhanya who was discharged from active service, will now dedicate his
time to the Special Tribunal and he will be assisted by seven Judges who are
members of the Tribunal.
“Our fight against corruption, fraud and illicit money flowshas been given real impetus. This Tribunal
is a swift mechanism to claw back every cent that wasstolen fromthe fiscus. The era of impunity is
behind us, the establishment of the Tribunal gives effect to the President’s SONA undertaking to have a
special tribunal operating within three months ,” stated Minister Lamola.
Note to editors:
Following the appointment of the 24th of February 2019, President Cyril Ramaphosa,appointed Judge
Gidfonia Mlindelwa Makhanya,as the President of the Tribunal for a period of 3 years in terms of
Section 7(2) and (5) of the Special Tribunals Act,1996 (Act No.74 of 1996) (hereinafter referred to as
“The Act”).
President Ramaphosa further appointed the following judges as additional members,in terms of Section
7 (3)(a) of the Act:
2. 1. Judge Icantharuby Pillay
2. Judge Johannes Eksteen
3. Judge Selewe Peter Mothle
4. Judge Lebogang Modiba
5. Judge Thina Siwendu
6. Judge David van Zyl and
7. Judge Sirajudien Desai
The regulations accompany the statement:GG42729 R. 1263: Special Investigating Units and Special
Tribunals Act (74/1996) (the Act):Regulations in the Schedule with reference to the Act [26 Sep 2019]
Issued by the Ministry ofJustice and Correctional Services