Efforts are underway to establish an All India Judicial Service (AIJS) on the lines of Indian Administrative Service (IAS) and Indian Police Service (IPS) for appointment of judges at the level of district courts and lower judiciary throughout the country by

Archives, Room Use Only - KF223.G655 G655 1887

BJP State president Kanna Lakshminarayana wrote a letter to Chief Minister Y.S. Jagan Mohan Reddy demanding an inquiry into the gas leak incident at L

Whistleblower doctors in New South Wales say their pleas for a serious inquiry into regional healthcare by the NSW State Government are being ignored since a damning Four Corners expose last month.

(United States DC Circuit) - In a Freedom of Information Act case, held that the presidential communications privilege barred disclosure of five memoranda memorializing advice to President Obama about a military strike on Osama bin Laden's compound in Pakistan. Affirmed a summary judgment ruling.

(US 1st Circuit) - No. 19-1908

In todays The Times the public is given a good explanation why the Maltese courts do not have time for unimportant cases like murders, trafficking, rapes, smuggling of narcotics etc. The courts have far more important cases to deal with, namely cases of insulting. A circus agent felt insulted after being called a clown. This terrible crime was rather soon brought to court for judgment. AlphaThe Observer is confident that the public feel great gratitude that the legal system makes such wise priorities.

In recent times, criminal damage has been repeatedly inflicted on our court buildings through graffiti. Some went as far as making derogatory remarks against specific judges which may amount to contempt of court. It is bewildering as to what such acts could achieve except a futile attempt to undermine the very core value that we cherish and respect.

Judicial independence is the key building block to our society. These rampant acts and statements, and for that matter, any views expressed in society or media, would not in any way usurp the decision-making process in court proceedings, nor will they affect our judicial independence as our judges will continue to decide cases based only on evidence and law, setting out how they have arrived at such decisions in their judgments, which are available to the general public. They have taken a judicial oath to administer justice without fear or favour and it is their duty to so do.

Judges in Hong Kong are appointed upon the recommendation by a statutory committee comprising nine members including the Chief Justice of the Court of Final Appeal, the Secretary for Justice, two judges from the Judiciary, one barrister and one solicitor, as well as three eminent and respected members of the society not connected with the practice of law. Our judges would not be subjected to any political vetting. The only criteria upon which they are considered before appointment is the judicial and professional quality that contributes to our renowned judicial independence.

Judges enjoy security of tenure and immunity. Upon the appointment, district court judges and above are precluded from returning to practice in Hong Kong as a barrister or a solicitor. This “non-revolving door” system has worked well in preventing perceived potential conflicts of interest and enhances the independence of our judiciary.

Our judges manifest the highest professional and judicial quality as well as impartiality through the reasoned judgments that they deliver. Hong Kong cases are often cited in overseas jurisprudence evidencing the confidence and respect of the global legal community in Hong Kong’s judicial and legal systems.

The institutional framework described above, the guarantee of judicial independence explicitly set out in the Basic Law and the quality of our judgments contribute to the much respected judiciary and rule of law in Hong Kong. To top it all is that eminent and highly respected judges from apex court of other common law jurisdictions sit on our Court of Final Appeal as non-permanent judges. They sit on all types of cases, from commercial, criminal to constitutional and have witnessed Hong Kong’s system in administering justice.

One of our non-permanent judges of the Court of Final Appeal, the Right Honourable the Lord Neuberger of Abbotsbury (former President of the Supreme Court of England and Wales who presided over the Brexit case), pointed out in a seminar in 2017 that his own direct experience as a non-permanent judge since 2010 proved that the Permanent Judges of the Court of Final Appeal are as institutionally independent and impartial. He also said that he has every reason to believe that this is equally true of the judges in the other courts of Hong Kong. He even said he would not be sitting in the Court of Final Appeal if he had any serious concerns about judicial independence or judicial impartiality in Hong Kong.

More recently, the Right Honourable Beverley McLachlin, PC, another non-permanent judge of the Court of Final Appeal and also a retired chief justice of Canada, described in an interview that Hong Kong’s law is very rigorously applied, the judges are of high calibre, it is a very high level of judging, and the court is independent.

These remarks from eminent and respected judges from around the world speak volume about Hong Kong. One cannot help but be perplexed as to why some chose to try to undermine these core values baselessly and insidiously. It behoves each of us, in particular the legal sector including the two branches of the legal profession, to protect our judicial independence that underpins Hong Kong’s success and encourage others to join hands through our own sphere of influence. It is high time we bring back the Hong Kong we are familiar with.

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on January 5.

With deep sorrow, it is to inform that on Saturday, May 2nd, 2020 at approximately 8:45 PM, Judicial Member, Lokpal of India, Justice Ajay Kumar Tripathi passed away at AIIMS, New Delhi. He was infected with Corona virus and was admitted to AIIMS on

Temporary protection against creditors In these uncertain times, companies are confronted with a severe decline in their turnover, often resulting in cash-flow problems. Through the judicial reorganization procedure, these companies can apply for te...

In these uncertain times, there is a good chance that your company will be confronted with a contracting party that is in the process of judicial reorganization, or that you have initiated this procedure yourself. What are the consequences of this p...

On 1 July 2013, following its consultation Judicial Review: proposals for reform, the Government introduced significant changes to the judicial review process.  The stated aim was to balance the need to ensure lawful public administration with ...

In R (on the application of Diocese of Menevia and others) v Swansea City and County Council1 (“the Council”), the Administrative Court was required to consider whether a change in policy made by the Council in respect of school transpor...

The Court in AA v Persons Unknown [2019] EWHC 3556 (Comm) (17 January 2020) ordered injunctive relief against unknown persons accused of extorting ransom payments in the form of Bitcoin worth $950,000 from an insurance company, following a cyber-att...

In Re Saint Benedict's Land Trust ...

Contenders to replace Theresa May as Conservative leader continue to clash over the prospect of a no-deal Brexit and how it could be achieved. In the meantime, the chemicals sector continues to attempt to mitigate the major ramifications it could ha...

A serial litigant known for taking the Hong Kong government to court faces being declared bankrupt after the justice department filed a petition against him.Retired civil servant Kwok Cheuk-kin, dubbed the “king of judicial reviews” by the media, has been filing applications with the High Court since 2006, often challenging the legality of government policies and decisions.But many of his attempts ended in failure, and despite being ordered to bear the government’s legal costs in such…

"We will not solve all the problems we are forced to confront over night, but I am confident that if we take a measured and deliberate approach, we can take out that most ancient instrument – an old technology – the scales of justice, and say that they are balanced. This will be the true measure of our success."

"Our system is predicated on an adversarial model and the separation of powers between the branches but that separation need not make us adversaries or antagonists. Rather, it makes us essential partners in balancing that tension to ensure our system protects the fundamental principles of liberty, equal justice, and the rule of law."

"In addition to providing an update on some of the Justice Department’s top priorities, I’d also like to discuss the work we’re doing – and the historic commitment we’ve made – to ensure that justice is done in each and every criminal case our federal prosecutors pursue," said Attorney General Holder.

"As I have seen every day at the Department of Justice – in national-security briefings, reviews of case files, and meetings with the leaders of our divisions and task forces – our role as lawyers has evolved," said Acting Deputy Attorney General Grindler.

Attorney General Eric Holder announced today that the Obama administration, as part of successfully concluding negotiations on the E.U.-U.S. Data Protection and Privacy Agreement (DPPA), would seek to work with Congress to enact legislation that would provide E.U. citizens with the right to seek redress in U.S. courts if personal data shared with U.S. authorities by their home countries for law enforcement purposes under the proposed agreement is subsequently intentionally or willfully disclosed, to the same extent that U.S. citizens could seek judicial redress in U.S. courts for such disclosures of their own law enforcement information under the Privacy Act

President Trump threatened during an April 15 pandemic briefing to “adjourn both chambers of Congress” because the Senate’s pro forma sessions prevented his making recess appointments. The threat will go nowhere for constitutional and practical reasons, and he has not pressed it. The administration and Senate Republicans, though, remain committed to confirming as many judges…

President Trump threatened during an April 15 pandemic briefing to “adjourn both chambers of Congress” because the Senate’s pro forma sessions prevented his making recess appointments. The threat will go nowhere for constitutional and practical reasons, and he has not pressed it. The administration and Senate Republicans, though, remain committed to confirming as many judges…

President Trump threatened during an April 15 pandemic briefing to “adjourn both chambers of Congress” because the Senate’s pro forma sessions prevented his making recess appointments. The threat will go nowhere for constitutional and practical reasons, and he has not pressed it. The administration and Senate Republicans, though, remain committed to confirming as many judges…

President Trump threatened during an April 15 pandemic briefing to “adjourn both chambers of Congress” because the Senate’s pro forma sessions prevented his making recess appointments. The threat will go nowhere for constitutional and practical reasons, and he has not pressed it. The administration and Senate Republicans, though, remain committed to confirming as many judges…

President Trump threatened during an April 15 pandemic briefing to “adjourn both chambers of Congress” because the Senate’s pro forma sessions prevented his making recess appointments. The threat will go nowhere for constitutional and practical reasons, and he has not pressed it. The administration and Senate Republicans, though, remain committed to confirming as many judges…

Judicial confirmations go on vacation during the Senate’s August recess, but are likely to resume with a vengeance in September. What’s the shape of the Trump administration’s judicial appointments program at this point? Basically, the administration and Senate have: seated a record number of court of appeals (circuit) judges, although changes in the appellate courts’…

A December 24 presidential tweet boasted “187 new Federal Judges have been confirmed under the Trump Administration, including two great new United States Supreme Court Justices. We are shattering every record!” That boast has some truth but, to put it charitably, a lot of exaggeration. Compared to recent previous administrations at this same early-fourth-year point…

President Trump threatened during an April 15 pandemic briefing to “adjourn both chambers of Congress” because the Senate’s pro forma sessions prevented his making recess appointments. The threat will go nowhere for constitutional and practical reasons, and he has not pressed it. The administration and Senate Republicans, though, remain committed to confirming as many judges…

Judicial performance and its determinants: a cross-country perspective

Millionaire aviation tycoon Simon Dolan, pictured in 2011, has put the government on notice that he will seek a judicial review of the government's lockdown decision.

Reviewing recent High Court and Supreme Court rulings, Videh Upadhyay comments on judicial recipes for protecting urban water bodies

It is commonplace to cite the number of cases pending in Indian courts as evidence of a judicial crisis and suggest reforms based on the same. Aparna Chandra highlights why the numbers themselves need to be questioned and understood better for effective reform.

On 18 March, at a discussion organised by Daksh India, Nick Robinson from the Harvard Law School explored in detail the phenomenon of judicial delays, sharing insights from his work in both India and the US. Pavan Kulkarni summarises the points raised.

A trickle-down approach that sees justice through the lens of economic growth is the basis for many of its arguments, omissions and conclusions. As a result, it is of use mainly to practitioners of the law, who encounter some of the issues raised in detailed ways. Bikram Jeet Batra reviews Judicial Reforms in India: Issues and Aspects.

Venugopal said through judicial activism the "Supreme Court has done a tremendous amount of good. It has practically tried to wipe away every tears of the underprivileged, disadvantaged and illiterate sections of society.

Efforts are underway to establish an All India Judicial Service (AIJS) on the lines of Indian Administrative Service (IAS) and Indian Police Service (IPS) for appointment of judges at the level of district courts and lower judiciary throughout the country by

Oxford : Oxford University Press, 2019.

Schermers, Henry G

While courts have an important role in ensuring that the rights of citizens are protected, it is essential that they avoid adjudicating on policy matters.

Court had earlier on Sept 18 reserved its order till Sept 23 on Jagan's bail plea.

After an initial probe by Andhra Pradesh police, the NIA had taken over the case.