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Journal articles on the topic 'Federal High Court'
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1
Falase-Aluko, Abiola. "New Developments in the Admiralty Jurisdiction of the Federal High Court in Nigeria." Journal of African Law 39, no. 1 (1995): 64–78. http://dx.doi.org/10.1017/s002185530000588x.
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Over 20 years ago, the Federal High Court was created. It is today the only Court with jurisdiction in matters relating to admiralty in Nigeria. This has, however, not been without some teething problems. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. The recent Admiralty Jurisdiction Decree of 1991 addresses these issues by providing a comprehensive local code in line with the International Convention Relating to the Arrest of Sea-going Ships, 1952. This article traces the development of the admiralty jurisdiction of the Federal High Court and examines the scope of its jurisdiction today.
2
Bzdera, André. "Comparative Analysis of Federal High Courts: A Political Theory of Judicial Review." Canadian Journal of Political Science 26, no. 1 (1993): 3–29. http://dx.doi.org/10.1017/s0008423900002420.
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AbstractConstitutionalists and political scientists often claim that federal high courts are neutral and impartial arbiters of federalism disputes. However, analysis of the political impact of nine federal high courts on the division of powers clearly indicates that such courts are best characterized as centralist and nationalist. This is largely the result of the strong institutional factors that link the federal high court to the political institutions of the central government, notably the process by which federal judges are appointed. The political theory of federalism must thus be modified to take into account the centralist function of judicial review.
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Spaull, Andrew. "The State School Teachers Decision (High Court 1929) Revisited." Australian Journal of Education 31, no. 3 (1987): 236–51. http://dx.doi.org/10.1177/000494418703100302.
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The State School Teachers decision of 1929 was recently overturned in the High Court (June 1986) thereby opening up the possibility for federal teachers organizations to obtain registration in the federal arbitration system, and eventually obtain one or more federal awards. The 1929 decision by the High Court of Australia was a significant decision in education and industrial relations, because it prevented state teachers and other public employees obtaining access to federal awards for the next 54 years. The decision, however, was veiled in unsettled legal argument, because the High Court overturned much of its expansive thinking of the 1918–25 period. Later generations of academic lawyers described the decision as a ‘bad one’ or ‘an anomalous decision’, but they and the current High Court failed to give any satisfactory explanation of why the Court had reached its decision. This paper offers such an explanation, arguing that the decision was not based on law (or the educational situation) but on the High Court's perceptions of the politics of federal-state relations in the period. The state teachers who had asked for a High Court ruling on the application of the Commonwealth's industrial relations powers (section 51 XXXV of the Constitution) to their work and employment were thus dragged momentarily onto the centre stage of Australian politics and law. They found themselves denied access to a federal award because the High Court felt that the federal arbitration ‘experiment’ had caused too much embarrassment to the federal system of government.
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Kurtishi, Emir. "The Constitutional Court of the Federal Republic of Germany." SEEU Review 15, no. 2 (2020): 143–55. http://dx.doi.org/10.2478/seeur-2020-0023.
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Abstract Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world.
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Madeira, Lígia Mori, and Leonardo Geliski. "O combate a crimes de corrupção pela Justiça Federal da Região Sul do Brasil." Revista de Administração Pública 53, no. 6 (2019): 987–1010. http://dx.doi.org/10.1590/0034-761220180237.
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Abstract This article studies the operation of the Federal Regional Court of the 4th Region (TRF4) in the fight against corruption crimes. Judgments produced by the TRF4 criminal courts between 2003 and 2016 underwent text analysis using the dictionary method, seeking to outline the profile of crimes and defendants. Despite the changes in the web accountability institutions, with the outbreak of major federal police operations, technological uses, new legal devices and a high degree of concentration between the agencies, there is a small proportion of grand corruption crime, involving middle and high-ranking bureaucrats and more sophisticated crimes with greater financial value. Crimes involving contraband and petty corruption take up much of the day to day of the judiciary in the south region of the country, at least in the criminal intermediate courts, where the judge appeals decisions coming from specialized and generalist criminal courts.
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Plowman, David, and Graham F. Smith. "Moulding Federal Arbitration: The Employers and the High Court 1903-1935–." Australian Journal of Management 11, no. 2 (1986): 203–29. http://dx.doi.org/10.1177/031289628601100206.
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Hearn, Mark. "Vitiating the Federal Principle: The High Court Work Choices Case, 2006." Labour History, no. 92 (2007): 129. http://dx.doi.org/10.2307/27516192.
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Hume, David, Andrew Lynch, and George Williams. "Heresy in the High Court? Federalism as a Constraint on Commonwealth Power." Federal Law Review 41, no. 1 (2013): 71–93. http://dx.doi.org/10.22145/flr.41.1.3.
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Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and whether it lays the foundation for a more robust protection of state interests by the High Court.
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Paige, Mark A., and Audrey Amrein-Beardsley. "“Houston, We Have a Lawsuit”: A Cautionary Tale for the Implementation of Value-Added Models for High-Stakes Employment Decisions." Educational Researcher 49, no. 5 (2020): 350–59. http://dx.doi.org/10.3102/0013189x20923046.
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Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination in Houston Federation of Teachers v. Houston Independent School District. Houston represents a significant departure from prior federal court rulings that upheld the constitutionality of VAMs to terminate teachers on the basis of poor performance. The Houston court found that the districts’ refusals to release the underlying data of VAM ratings used to terminate those teachers violated the teachers’ procedural due process rights. By denying access to the code, teachers could not protect against the government’s making a mistaken deprivation of their property right to continued right to employment. The authors discuss Houston and its potential impact, limitations, and significance.
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Zellmer, Sandra. "Waiving Federal Sovereign Immunity in Original Actions Between States." University of Michigan Journal of Law Reform, no. 53.2 (2020): 447. http://dx.doi.org/10.36646/mjlr.53.2.waiving.
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There are tremendous disparities between high stakes original actions between states before the U.S. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the federal government to an original action before the Supreme Court. This Article shows how federal sovereign immunity stands in the way of comprehensive resolution of interstate water rights and highlights the need for reforms to facilitate meaningful participation by the United States. In particular, it investigates the merits of a waiver of federal sovereign immunity in original actions between the states. Although federal immunity is a staple of our nation’s jurisprudence, it has no constitutional basis and it serves little purpose in this context. The Article concludes that a congressional waiver of federal sovereign immunity would be appropriate and would have few downsides, at least in the case of original actions between states before the U.S. Supreme Court.
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Yell, Mitchell L., and Antonis Katsiyannis. "The Supreme Court and Special Education." Intervention in School and Clinic 54, no. 5 (2019): 311–18. http://dx.doi.org/10.1177/1053451218819256.
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Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special education rulings from the High Court and addresses the meaning of these decisions for special education administrators, teachers, related service providers, students in special education, and their parents.
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Heard, Andrew. "Conacher Missed the Mark on Constitutional Conventions and Fixed Election Dates." Constitutional Forum / Forum constitutionnel 19, no. 1, 2 & 3 (2012): 2010. http://dx.doi.org/10.21991/c9637h.
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Given the fundamental role that conventions play in the Canadian constitution, it is not surprising that litigants try from time to time to engage the courts in defining or even enforcing the terms of a particular convention. The Federal Court’s September 2009 decision in Conacher v. Canada (Prime Minister)1 is the latest high-profile example. Duff Conacher, Coordinator of Democracy Watch, had launched a court case that challenged the 2008 federal election call as contravening either the provisions of the government’s fixed-date election law (Bill C-16,2 passed in 2007), or conventions supporting the law. The Federal Court rejected Conacher’s application, holding among other things that there was no constitutional convention constraining the prime minister from advising an election before the October 2009 date prescribed in the statute. Conacher’s appeal was also rejected. In May 2010, the Federal Court of Appeal upheld the lower court’s decision, stating that "no such convention exists" based on the evidentiary record.3 For many observers, the Conacher decision may seem unsurprising and solidly based on the existing jurisprudence dealing with constitutional conventions.
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Gambini, Emanuela. "In the Aftermath of D’Arcy v. Myriad Genetics Inc: Patenting Isolated Nucleic Acids in Australia." European Journal of Risk Regulation 7, no. 2 (2016): 451–59. http://dx.doi.org/10.1017/s1867299x00005882.
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On 7 October 2015 the High Court of Australia unanimously allowed the appeal on D’Arcy v. Myriad Genetics Inc and ordered that claims 1, 2 and 3 of Australian Patent No 686004, entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”, be revoked.The High Court's judgment overturned the decisions of Justice Nicholas of the Federal Court, at first instance, and the Full Federal Court. This case note provides an overview of the High Court's decision and discusses its meaning and implications for patenting isolated nucleic acids in Australia.
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Woodside, Frank C., Robert A. Carpenter, M. Gabrielle Hils, and Frederick M. Erny. "Court Appointed Experts in the Breast Implant Litigation: Current Developments and Historical Bases." International Journal of Toxicology 17, no. 4 (1998): 465–95. http://dx.doi.org/10.1080/109158198226288.
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Recently, in the multidistrict breast implant litigation, Judge Pointer entered a series of orders relating to the establishment of a Federal Evidence Rule 706 science panel. In re: Silicone Gel Breast Implant Products Liability Litigation, MDL 926, CV92-P-10000-S (N.D. Ala.). Judge Pointer's Order No. 31 specifies that appointments are to be made on a national basis for potential use in all federal courts and as permitted in state courts. Federal Evidence Rule 706 gives a district court the authority to appoint experts to provide helpful testimony. The policy justification behind Rule 706 is to guarantee that the trier of fact has access to impartial experts. The parties to the litigation, however, must be informed of the court appointed experts' opinions in advance and be given the opportunity to depose and cross-examine any expert. Once those requirements are satisfied, all other aspects of appointing the experts are left to the sound discretion of the trial judge. In fact, bias or qualification of experts may not be considered when the Court appoints experts. Bias or qualification may affect not only the weight of the experts' opinions but also the admissibility of their testimony. Parties confronted with harmful testimony presented by court appointed experts may want to challenge the admissibility of that testimony. This is particularly true in multidistrict proceedings where the opinions issued by a science panel could affect multiple cases. Although Rule 706 has notbeen used with any frequency in the past, that could be changing as Rule 706 and court appointed experts are playing important roles in a number of recent high profile cases. Furthermore, when used properly Rule 706 poses little threat to the American trial system and the adversarial process. This article discusses Federal Evidence Rule 706, its history and structure, and several recent cases involving court appointed experts to demonstrate the development and impact that experts, particularly scientific experts, are having in modern courts.
15
Madeira, Lígia Mori, and Leonardo Geliski. "The Federal Justice act in combating corruption in Southern Brazil." Revista de Administração Pública 53, no. 6 (2019): 987–1010. http://dx.doi.org/10.1590/0034-761220180237x.
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Abstract This article studies the operation of the Federal Regional Court of the 4th Region (TRF4) in the fight against corruption crimes. Judgments produced by the TRF4 criminal courts between 2003 and 2016 underwent text analysis using the dictionary method, seeking to outline the profile of crimes and defendants. Despite the changes in the web accountability institutions, with the outbreak of major federal police operations, technological uses, new legal devices and a high degree of concentration between the agencies, there is a small proportion of grand corruption crime, involving middle and high-ranking bureaucrats and more sophisticated crimes with greater financial value. Crimes involving contraband and petty corruption take up much of the day to day of the judiciary in the south region of the country, at least in the criminal intermediate courts, where the judge appeals decisions coming from specialized and generalist criminal courts.
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Irving, Helen. "State Jurisdictional Residue: What Remains to a State Court When Its Chapter III Functions are Exhausted?" Federal Law Review 42, no. 1 (2014): 1–22. http://dx.doi.org/10.22145/flr.42.1.5.
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Momcilovic v The Queen (2011) 245 CLR 1 provided the first opportunity for the High Court of Australia to consider the constitutional validity of a ‘declaration of inconsistent interpretation’ made under s 36 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The Court's ruling on this point attracted attention going well beyond the rest of the case. The constitutional status of the Charter's ‘declaration’ function had long been uncertain; in addition, although the case concerned a conviction under State law, the judgment of the Victorian Court of Appeal, from which Ms Momcilovic's appeal had come to the High Court, had been exercised in federal jurisdiction. This, then, raised questions about the extent to which the State Court was jurisdictionally limited, under the Kable doctrine, by its ‘identity’ as a Ch III court: whether the declaration power could be exercised by both, either, or neither, a State or federal court. Notably, French CJ found the power valid for a State court, but invalid for a federal court. In explaining his conclusion, the Chief Justice identified what this paper calls ‘State jurisdictional residue.’ In his Honour's words, ‘there is no reason in principle why the Court of Appeal, having exhausted its functions in the exercise of its federal jurisdiction … could not proceed to exercise the distinct non-judicial power conferred upon it by’ the Charter. Further questions were then raised about the extent to which a State court, albeit exercising federal jurisdiction, remains free to exercise a ‘residual’ State power relevant to the same proceedings. This paper considers such questions. It also asks what the case might be for reconsidering Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51, particularly in light of the more recent judgment in Kirk v Industrial Court (NSW) (2010) 239 CLR 531.
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Renfro, Ashleigh N. "All In with Jack High." Texas A&M Law Review 1, no. 3 (2014): 751–78. http://dx.doi.org/10.37419/lr.v1.i3.9.
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In United States v. DiCristina, the Eastern District of New York ruled that Texas Hold ‘Em poker is game of skill, and thus, not illegal under the federal Illegal Gambling Business Act. In the decision, the court found that the statute’s text and legislative history did not indicate that Congress intended to include Texas Hold ‘Em poker amongst other illegal gambling activities. But most importantly, the Eastern District found that the analytical and psychological elements of the game allow a skilled player to perform better than another. This, the court reasoned, differentiated Texas Hold ‘Em poker from other types of illegal gambling activities. Though the Second Circuit Court of Appeals ultimately disagreed on statutory interpretation grounds, the Eastern District’s skill analysis still stands and gives credence to the longstanding argument that the game, because it allows skilled players to excel over non-skilled players, sits on its own compared to prohibited gambling activities. In effect, DiCristina laid the foundation and answered one of the last remaining questions keeping Congress from legalizing online Texas Hold ‘Em poker. This Comment will explore various legalization surges throughout America’s history of gambling that ultimately helped push forward new periods of regulation and reform. This Comment will also examine the rise and fall of internet gambling and the current federal laws keeping the once thriving industry from returning. Additionally, this Comment will look at prior conclusions of the skill-versus-chance argument before DiCristina, and the Eastern District’s approach to resolving the skill versus chance issue. Lastly, this Comment will examine recent developments surrounding online Texas Hold’ Em poker that mirror surges of prior periods of reform, and together with DiCristina, urge Congress to use these final strongholds to advance federal legislation allowing for interstate online Texas Hold ‘Em poker.
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Alloh, Bo. "An Evaluation of the Enforcement of Fundamental Rights and the Controversy of Jurisdiction of the Federal and State High Courts in Nigeria." Africa Journal of Comparative Constitutional Law 2020 (2020): 59–78. http://dx.doi.org/10.47348/ajcl/2020/a3.
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This article examines the issue of jurisdiction between various high courts on the enforcement of fundamental rights in Nigeria. Fundamental rights are derived from the constitution and are expressly entrenched in the constitution of a country. They vary from one country to another and are specifically enacted in a country’s constitution in line with the history and culture of the country. In Nigeria, jurisdiction is vested in both State and Federal High Courts with respect to the enforcement of fundamental rights. However, the jurisdiction of the State High Courts is ousted and donated to the Federal High Courts, once a case on fundamental rights falls under section 251 of the 1999 Constitution of the Federal Republic of Nigeria. The researcher adopted the doctrinal method of research. The objective of this article is to reveal that the concurrent jurisdiction of both the Federal and State High Courts to hear and determine applications to secure the enforcement of fundamental rights has led to years of seemingly unsettled controversies, academically and procedurally. However, this controversy has been settled in the case of FUT Minna v Olutayo. This article concludes that the Supreme Court decision in the case of FUT Minna v Olutayo supports the realisation of the enforcement of fundamental rights in Nigeria.
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Kirby CMG, Michael J. "THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION." Denning Law Journal 16, no. 1 (2012): 45–78. http://dx.doi.org/10.5750/dlj.v16i1.300.
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In October 2003 in Melbourne, the High Court of Australia celebrated the centenary of its first sitting. According to the Australian Constitution, it is the “Federal Supreme Court” of the Australian Commonwealth.1 Although the Constitution envisaged the establishment of the High Court, the first sitting of the new court did not take place until a statute had provided for the court and the appointment of its first Justices. They took their seats in a ceremony held in the Banco Court in the Supreme Court of Victoria on 6 October 1903. Exactly a century later, the present Justices assembled in the same courtroom for a sitting to mark the first century of the Court.
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Wesson, Murray. "The Reception of Structured Proportionality in Australian Constitutional Law." Federal Law Review 49, no. 3 (2021): 352–79. http://dx.doi.org/10.1177/0067205x211016581.
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A majority of the High Court has incorporated a test of structured proportionality into its implied freedom of political communication case law. Structured proportionality developed in the context of constitutional rights adjudication and requires courts to engage in substantive, values-based reasoning. The Australian Constitution does not contain a Bill of Rights and the High Court is known for its commitment to legalism and textualism. Against this background, one might think that the High Court would interpret the elements of structured proportionality so that they assume a highly distinctive form in Australian constitutional law. However, a close reading of recent implied freedom of political communication case law demonstrates that generally this is not the case. Admittedly, the High Court’s approach to the necessity and balancing stages departs from the case law of the Federal German Constitutional Court. However, once a broader comparative perspective is adopted, it becomes apparent that the High Court’s approach is not unusual, especially for courts that are new to applying structured proportionality. By adopting structured proportionality, the High Court may have aligned the implied freedom of political communication with a global model of constitutional rights enforcement. The Australian constitutional context may also be less distinctive than is sometimes supposed.
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Okorie, Chijioke. "Nigeria’s Federal High Court relies on physical evidence and shipping documents to invalidate registered designs." Journal of Intellectual Property Law & Practice 15, no. 11 (2020): 860–62. http://dx.doi.org/10.1093/jiplp/jpaa155.
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AIKEN, S. ROBERT, and COLIN H. LEIGH. "Seeking Redress in the Courts: Indigenous Land Rights and Judicial Decisions in Malaysia." Modern Asian Studies 45, no. 4 (2010): 825–75. http://dx.doi.org/10.1017/s0026749x10000272.
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AbstractMalaysia's indigenous peoples continue to suffer numerous grievous injustices, including appropriation of their ancestral lands and socio-economic deprivation. In large part because their voices of resistance to development policies have gone unheard by the authorities, a growing number of individuals and communities have taken their grievances to the nation's courts. In particular, they have pleaded for judicial intervention to address alleged breaches of statutory land and other rights by governments and their contractors, and for recognition of native title at common law. In the landmark 1996Adongcase, the High Court ruled that Malaysian jurisprudence recognizes native title, thus bringing Malaysia into line with a number of other countries that share an English-derived legal system. The concept has been upheld in subsequent High Court, Court of Appeal, and Federal Court judgments. In spite of the rulings in favour of indigenous parties, the federal government, along with certain of the state governments, has continued to adopt an adversarial approach to indigenous land issues. An encouraging development is the reported willingness of governments in Perak and Selangor to tackle indigenous land rights issues through mediation rather than litigation. This paper summarizes seven court cases concerning alleged breaches of statutory rights and four cases dealing with native title at common law; it also looks at certain issues arising from the cases, as well as the responses of communities and governments to the various court judgments.
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Essien, Enefiok. "The jurisdiction of State High Courts in Nigeria." Journal of African Law 44, no. 2 (2000): 264–71. http://dx.doi.org/10.1017/s0021855300012249.
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The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. The section provides:“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”
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Felix, Odike, and Alero Akujobi. "Enforcement of Fundamental Rights in National Constitutions: Resolving the Conflict of Jurisdiction between the Federal High Court and State High Court in Nigeria." Beijing Law Review 09, no. 01 (2018): 53–66. http://dx.doi.org/10.4236/blr.2018.91004.
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Bai, James, and Harry Hobbs. "Appointing Attorneys-General to the High Court: A case for reform." Alternative Law Journal 42, no. 4 (2017): 286–91. http://dx.doi.org/10.1177/1037969x17732707.
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Throughout 2016, Attorney-General George Brandis QC repeatedly denied he intended to leave the Federal Parliament and take up a position on the High Court of Australia. In this article we explore the experiences of the two most recent politicians-cum-High Court Justices: Garfield Barwick and Lionel Murphy; and note that Australia’s current judicial appointment process would have permitted Brandis to make a similar transition. We argue that this process should be revamped to enhance transparency and accountability in the appointments process, to the benefit of our judicial system and its public perception.
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Becker Kane, Jenna. "Lobbying Justice(s)? Exploring the Nature of Amici Influence in State Supreme Court Decision Making." State Politics & Policy Quarterly 17, no. 3 (2017): 251–74. http://dx.doi.org/10.1177/1532440017697174.
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Most studies of amicus influence in both federal and state courts assume that the information provided in these briefs is the mechanism through which amici influence court outcomes. However, the question of how individual state supreme court judges respond to this third-party information and whether or not judicial responses are conditioned by differing methods of judicial retention is rarely theorized. Using social-psychological theories of confirmation bias and motivated reasoning, this article investigates how ideological predispositions and electoral institutions structure the responsiveness of state high-court judges to amicus brief information. Utilizing an original dataset of more than 14,000 votes of state high-court judges across three distinct areas of law, this article tests competing theories of amicus influence to determine how state high-court judges utilize amicus information to render judicial decisions. Results are generally supportive of the informational theory of amicus influence in complex areas of law. However, a conditioning relationship of retention method suggests that competitive elections may alter the mechanism of amicus brief influence such that judicial responsiveness to third-party briefs is more closely tied to the reelection and campaign fundraising considerations of individual judges in politically contentious areas of law.
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Hoefges, R. Michael, and Kent M. Lancaster. "The Critical Role of Advertising Media Planning in Federal Rule 23 Class Action Notice." Journal of Public Policy & Marketing 19, no. 2 (2000): 201–12. http://dx.doi.org/10.1509/jppm.19.2.201.17126.
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Federal judges frequently must use mass media advertising to provide legal notice in class actions to meet requirements of court rules and constitutional due process. Unlike most marketing situations, in which relatively low but sustained target audience coverage by advertising can help support long-term sales and profits, court rules and constitutional due process demand high class coverage within a relatively short time frame, often spanning 30 to 90 days. Yet judges and attorneys typically lack the expertise to determine the number of class members who are exposed to and read a mass media notice, and case law and official judicial guidelines provide minimal and thus inadequate information. The use of mass media notice without sufficient analyses of likely notice coverage among class members can jeopardize the rights of class members and the legal integrity of the proceedings. Therefore, courts should demand the use of state-of-the-art media planning procedures, as demonstrated in this study, to forecast due process performance of alternative notice plans.
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Gray, Anthony. "Discriminatory Taxation in Light of Fortescue: Its Implications for the Development of Northern Australia." Federal Law Review 42, no. 1 (2014): 1–23. http://dx.doi.org/10.22145/flr.42.1.3.
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In the recent Fortescue decision, the High Court made some interesting observations regarding interpretation of the word ‘discrimination’ in the context of the Federal Government's power with respect to taxation in s 51(2) of the Australian Constitution. Coincidentally, the Federal Government has commenced consideration of options for the development of northern regions of Australia. Of course, one option would be to introduce a variable taxation system to encourage businesses and individuals to be based, and/or invest, in northern Australia. This article considers possible constitutional issues associated with variable taxation schemes overtly favouring businesses and individuals based in the ‘north’, given the recent High Court decision.
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Liebowitz, David D. "Ending to What End? The Impact of the Termination of Court-Desegregation Orders on Residential Segregation and School Dropout Rates." Educational Evaluation and Policy Analysis 40, no. 1 (2017): 103–28. http://dx.doi.org/10.3102/0162373717725804.
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In the early 1990s, the Supreme Court established standards to facilitate the release of school districts from racial desegregation orders. Over the next two decades, federal courts declared almost half of all districts under court order in 1991 to be “unitary”—that is, to have met their obligations to eliminate dual systems of education. I leverage a comprehensive dataset of all districts that were under court order in 1991 to assess the national effects of the termination of desegregation orders on indices of residential-racial segregation and high-school dropout rates. I conclude that the release from court orders moderately increased the short-term rates of Hispanic–White residential segregation. Furthermore, the declaration of districts as unitary increased rates of 16- to 19-year-old school dropouts by around 1 percentage point for Blacks, particularly those residing outside the South, and 3 percentage points for Hispanics.
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Witt, Anne C. "Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case." Antitrust Bulletin 66, no. 2 (2021): 276–307. http://dx.doi.org/10.1177/0003603x21997028.
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In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.
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Crawford, Lisa Burton. "Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution." Federal Law Review 44, no. 2 (2016): 287–310. http://dx.doi.org/10.1177/0067205x1604400205.
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Plenary executive power seems repugnant to the rule of law. It is often said that such power cannot exist: that all executive power must have legal limits. Yet, it remains unclear which principle or principles of Australian constitutional law would prevent the federal Parliament from conferring plenary executive power. The High Court has suggested that a federal statute purporting to confer an entirely open-ended discretion on a Minister would simply not be a ‘law’, or else lack the requisite connection to a head of power found in ss 51 or 52 of the Australian Constitution. This article examines the latter claim. It explains the nature of the limitations imposed by ss 51 and 52 and the role of the High Court in ensuring that those limitations are complied with. It concludes that the scope of executive power that Parliament may confer is constrained by ss 51 and 52, but not to the extent that has been suggested by the High Court.
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Terpstra, David E., and R. Bryan Kethley. "Organizations' Relative Degree of Exposure to Selection Discrimination Litigation." Public Personnel Management 31, no. 3 (2002): 277–92. http://dx.doi.org/10.1177/009102600203100302.
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This study examined nearly 400 federal court cases in which substantive, or primary, selection devices were legally challenged as being discriminatory. The findings indicated that the relative frequency of occurrence of discrimination charges varied for different types of organizations. Some industry sectors and some job types were associated with a much greater risk of exposure to litigation than others. For example, the government sector appeared to have a relatively high degree of exposure to selection discrimination litigation. The findings also indicated that the outcomes of the federal court cases (whether the ruling was for the defendant/employer or for the plaintiff) varied by industry type, job type, and type of discrimination charge. Specific recommendations are offered to organizations that operate in high risk industry sectors, and that have high risk job types, with an eye toward reducing the possibility of litigation.
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Wingate, Emmanuel Onyedi, and Pontian N. Okoli. "Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria." Journal of African Law 65, no. 2 (2021): 223–43. http://dx.doi.org/10.1017/s0021855321000103.
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AbstractParties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pending action before the Court. It is also argued that decisions concerning the appointment of arbitrators through judicial intervention can be appealed.
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Koh, Harold Hongju. "The Case Against Military Commissions." American Journal of International Law 96, no. 2 (2002): 337–44. http://dx.doi.org/10.2307/2693928.
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In January 2002, Zacarias Moussaoui, a French national of Moroccan descent, pleaded not guilty in Virginia federal court to six counts of conspiring to commit acts of international terrorism in connection with the September 11 attacks on the Pentagon and the World Trade Center. In other times, it would have seemed unremarkable for someone charged with conspiring to murder American citizens and destroy American property on American soil to be tried in a U.S. civilian court. More than two centuries ago, Article I, Section 8, Clause 10 of the United States Constitution granted Congress the power to "define and punish Piracies, Felonies committed on the High Seas, and Offenses against the Law of Nations," a power that Congress immediately exercised by criminalizing piracy, the eighteenth-century version of modern terrorism. Since then, Congress has criminalized numerous other international offenses. In recent decades, United States courts have decided criminal cases convicting international hijackers, terrorists, and drug smugglers, as well as a string of well-publicized civil lawsuits adjudicating gross human rights violations. Most pertinent, federal prosecutors have successfully tried and convicted in U.S. courts numerous members of Al Qaeda, the very terrorist group charged with planning the September 11 attacks, for earlier attacks on the World Trade Center and the U.S. embassies in Tanzania and Kenya.
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Bondar, Tamara. "HISTORICAL OVERVIEW OF U.S. INCLUSIVE EDUCATION FEDERAL LEGISLATION." Scientific Bulletin of Uzhhorod University. Series: «Pedagogy. Social Work», no. 1(48) (May 27, 2021): 39–43. http://dx.doi.org/10.24144/2524-0609.2021.48.39-43.
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The relevance of the research problem tackling the inclusive education evolution in the United States is explained by the fact that it the USA has been a leader in developing a rights-based model of inclusive education. The research is conditioned by the current stage of national education that undergoes modernization, the steady course of Ukraine to create an inclusive school, and government’s request to implement its initiatives. The purpose of this article is to present a reconsidered historical analysis of the inclusive education in the USA that represents an expansion of earlier research conducted by the author. Methods applied include historical and comparative research. The author’s periodization that describes the phases in the inclusive education development in the USA is presented. This is based on the chronologically arranged U.S. federal legislation related to ensuring equal rights and opportunities. It is stated that some court decisions and federal legislation that incorporated court decisions clearly marked the phases in inclusive education development. These legislative milestones beginning each phase include the U.S. Supreme Court decision Brown v. Board of Education of Topeka (1954), the Education for All Handicapped Children Act (1975), the Education of the Handicapped Students Act Amendments (1986), No Child Left Behind Act (2001), and Every Student Succeeds Act (2015). Consequently, there are five phases in the inclusive education development and each phase reflects the general trend in the U.S. inclusive education. The initial phase is referred to as the active social movement for the right to education (1954–1974). In the second phase, children with disabilities were integrated into regular schools through mainstreaming (1975–1985). Then comes the so-called Regular Education Initiative phase or full inclusion (1986–2000), followed by the accountable inclusive education phase (2001–2014). Finally, the phase of the high-quality inclusive education started in 2015 and continues today.
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Grey, Leo, and Richard Phillipps. "Whether to Suffer the Slings and Arrows or to Take Arms: The Role of the Australian Broadcasting Tribunal in Judicial Review." Media Information Australia 43, no. 1 (1987): 35–37. http://dx.doi.org/10.1177/1329878x8704300111.
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In recent years, a number of decisions made by the Australian Broadcasting Tribunal have been challenged in the Federal Court and the High Court. Many of these challenges have concerned procedural issues arising in public inquiries. Others have attacked final decisions made by the Tribunal at the end of an inquiry. Still others have tried to limit the scope of the Tribunal's powers to regulate programs.
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Anyebe, Peter Ademu. "Tax Disputes Resolution In Nigeria: Going Beyound The Traditional Court And Administrative Resolution System." Advances in Social Sciences Research Journal 6, no. 12 (2020): 236–52. http://dx.doi.org/10.14738/assrj.612.7574.
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It is the requirement of law that tax is paid. Therefore, the discharge of tax obligation in Nigeria is not by choice. In the process of the tax authorities who are authorized under the law to collect taxes from tax payers, disputes arise. The paper reveals that in its bid to lessen the incidents of tax evasion in Nigeria, the Federal Government carried out a major reform in its tax regime. Thus, the Tax Appeal Tribunal (TAT) was established to ensure fairness and transparency of the tax system through a quick and efficient method of dispensing justice. Appeal from there lies to the Federal High Court on point of law. However, there is the unresolved problem of the constitutionality of TAT in its powers and jurisdiction in resolving tax disputes with Federal High Court (FHC). Furthermore, the paper reveals that tax disputes are not arbitrable under Nigerian law. It is the argument of this paper that although the courts are recognized as the most visible dispute arbiter, it is not always the most effective or efficient method. Therefore, it is further the argument of this paper that Nigeria’s tax objection procedures as governed by statutory rules should incorporate Alternative Dispute Resolution mechanism as practiced in other jurisdictions. The paper recommends that the necessary amendments should be made to enable TAT and FHC at their levels to encourage the use of early dispute resolution (EDR) and alternative dispute resolution (ADR), particularly mediation in the settlement of tax disputes brought before them. The introduction of VAIDS (Voluntary Assets and Income Declaration Scheme) by the Federal Government of Nigeria is in line with global best practices on non-disclosure of informal and declaration of assets. The paper concludes among others that Nigeria, as a country cannot operate in isolation, hence the introduction of ADR in its tax dispute resolution processes should be imminent and mandatory.
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Beljin, Saša. "Germany: Bundesverfassungsgericht on the status of the European Convention of Human Rights and ECHR decisions in the German legal order. Decision of 14 October 2004." European Constitutional Law Review 1, no. 3 (2005): 553–68. http://dx.doi.org/10.1017/s1574019605005535.
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On 14 October 2004 the German Federal Constitutional Court, the Bundesverfassungsgericht, delivered a decision of principal character regarding the status of the European Convention on Human Rights (Convention) and the rulings of the European Court of Human Rights in the German legal order. It is the first time the Bundesverfassungsgericht has so fundamentally dealt with this topic, moreover in the composition of the complete (second) Senate (not just a chamber of the court). That the constitutional court itself attaches high importance to its decision and expected international interest is witnessed by the fact that the court has made an English translation of the decision available. This is something that does not happen very often, at least until now.
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Superfine, Benjamin Michael, Susan R. Goldman, and Meagan S. Richard. "Toward a Synergistic Model for Improving the Use of Research in Court-Driven Educational Reform: Examining Gary B. v. Snyder and Literacy Improvement in Detroit." Educational Researcher 48, no. 8 (2019): 543–48. http://dx.doi.org/10.3102/0013189x19874067.
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Gary B. v. Snyder, a federal class action lawsuit originally filed in September 2016, is one of the most recent and high-profile entrants into the line of cases involving large-scale education reform. In this case, seven students from traditional public schools and charter schools in Detroit sued various Michigan state officials, arguing that the U.S. Constitution includes a fundamental right of access to literacy and that the state had denied them this right. Although the federal trial court in Detroit that initially heard the case found that students were not denied their right of access to literacy by the state, the plaintiffs appealed the case, and it is now being considered in the Sixth Circuit Court of Appeals. Given the difficulties that have historically emerged with court-driven education reform, we examine the opportunities and challenges inherent in Gary B. to provide insight into the prospects of Gary B. and similar cases to effectively promote educational improvement. Grounded in this examination, we also present an argument for the utility of a new model for education litigation. We specifically argue that courts acting as agenda setters and working in concert with stakeholders to tailor reform to ground-level conditions is a model that is highly compatible with contemporary education research on effective models of systemic improvement. A court-mandated agenda for educational improvement must be structured in a way that engages stakeholder groups in implementation efforts precisely because improvement naturally involves dynamic, contextual conditions that cannot be completely accounted for in advance.
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Bussenius, Anne. "Money Laundering by Defence Counsel – The Decision of the Federal Constitutional Court." German Law Journal 5, no. 9 (2004): 1045–55. http://dx.doi.org/10.1017/s2071832200013079.
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Ever since the incorporation of § 261, the offence of money laundering, into the Strafgesetzbuch (StGB – German Penal Code), the application of this statute to defence counsel has been discussed controversially. The debate stems from the extensive range of the statute, which calls not only for punishment of people who, for example, committed clandestine acts in order to conceal the criminal origin of a “dirty” object, but also from section 2, which addresses those who simply procured objects deriving from any prior crime enumerated in the money laundering offence. For defence counsel the risk of making themselves liable for prosecution is extraordinarily high. Since it is the nature of their profession that they deal with the accused and receive payment for their work, they are more likely to come in contact with and receive “dirty” money than most other people. The threat is intensified by § 261 sec. 5 StGB, a special rule on the mens rea requirement. According to this section, the money laundering offence does not necessarily require the person to know about or act with contingent intent as to the incriminated origin of the object. Instead, it is sufficient if he or she does not realise the origin, even though it was obvious, and thus acts grossly negligently concerning the incrimination of the object. Therefore, § 261 Abs. 5 StGB poses a serious threat to defence counsels since they obtain facts about their clients in order to fascilitate defence, which then may lead to the allegation that they should have realised the criminal origins of the money they received as a fee.
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Mimler, Marc. "First things first: German Federal High Court provides guidance on ISP liability in online copyright infringement cases." Journal of Intellectual Property Law & Practice 11, no. 7 (2016): 485–89. http://dx.doi.org/10.1093/jiplp/jpw057.
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Woods, Robert. "Rights Review in the High Court and the Cultural Limits of Judicial Power." Federal Law Review 41, no. 3 (2013): 585–608. http://dx.doi.org/10.1177/0067205x1304100308.
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How are we to explain the High Court's reluctance to move into stronger forms of rights protection, as evinced by the disparity between its federalism and rights-based judicial review practices? It has been suggested that the federal and ‘rights’ provisions of the Constitution are equally indeterminate, calling into question the notion that the legal materials themselves compel a preference for one or another type of review. And the Court's record of rendering politically consequential decisions in its federalism jurisdiction suggests that political-institutional constraints may not preclude it from expanding its rights review powers. This article contends that the disparity in the Court's review practices can be explained only by way of a theory of judicial politics that is sensitive to notions of cultural as well as political constraint. It traces the historical emergence of an Australian politico-legal culture, before examining its role in restraining the further protection of constitutional rights.
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Baddeley, Margareta. "The extraordinary autonomy of sports bodies under Swiss law: lessons to be drawn." International Sports Law Journal 20, no. 1-2 (2019): 3–17. http://dx.doi.org/10.1007/s40318-019-00163-6.
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AbstractHigh-profile decisions of the sports governing bodies and subsequent judicial decisions of the Court of Arbitration for Sports (CAS) in Lausanne, the Swiss Federal Tribunal and, sometimes, the European Court of Human Rights frequently draw wide public attention to the fact that in litigations of the sports world, the decisions of the sports governing bodies will generally be upheld on court appeal. This is due to the extraordinary autonomy that sports governing bodies enjoy under Swiss law, deriving on the one hand from the liberal legislations in Switzerland governing associations and arbitration, and on the other hand, from their equally liberal application by the courts, especially in sports-related cases. While the high degree of self-regulation and arbitration in sports allowed the efficient handling of the increasingly complex activities of international sports and of the ever-rising cases of contention among its stakeholders, it is also necessary to point out the flaws of the resulting situation: for the governing bodies of international sports, self-regulation serves primarily the smooth organization of sports, while the specific interests of the subjects of their rules, in particular those of the lower level sports organizations and of athletes, are of secondary importance or may fall completely by the way-side. By contrast, state and international political and judiciary bodies must weigh the interests and rights of all parties involved when regulating relations or deciding in litigation between private parties, so as to ensure that the essential rights of the weaker parties are respected in all situations. This is a heavy responsibility for courts facing the bulk and the power of international sports governing bodies, foremost the Swiss Federal Tribunal, and to a certain extent also the Swiss legislator.
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Zwingmann, Beke. "THE CONTINUING MYTH OF EURO-SCEPTICISM? THE GERMAN FEDERAL CONSTITUTIONAL COURT TWO YEARS AFTER LISBON." International and Comparative Law Quarterly 61, no. 3 (2012): 665–95. http://dx.doi.org/10.1017/s0020589312000279.
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AbstractThe German Federal Constitutional Court's 2009 decision on the Lisbon Treaty immediately provoked passionate criticisms and revived the Court's image of the Eurosceptic par excellence. However, if one uses the Court's general case law on the interaction between European law and German constitutional law—in particular the Mangold follow-up (Re Honeywell) and the EURO bailout decision—as a background for analysis, a high level of practical support becomes apparent, that is quite the opposite to the all-out war some commentators predicted. It also illustrates how the Lisbon principles can be used to exert a positive influence on the European integration process.
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Waye, Vicki, and Michael Duffy. "The Fate of Class Action Common Fund Orders." University of Queensland Law Journal 40, no. 2 (2021): 215–55. http://dx.doi.org/10.38127/uqlj.v40i2.5435.
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Common Fund Orders’ (CFOs) have had a significant effect on Australian third party-funded class actions by requiring all class members to make a contribution to the third-party litigation funder’s fee in the event of a successful outcome. This altered past practice whereby only class members who had contracted with the litigation funder would be liable for such a contribution. However in a 5:2 decision in BMW Australia Ltd v Brewster in 2019, the High Court cast some doubt on CFOs, determining that neither s 33ZF Federal Court of Australia Act 1976 (Cth) nor s 183 Civil Procedure Act 2005 (NSW) provided a legal basis for making CFOs at the outset of proceedings so as to secure litigation funding support. In late 2020, the Commonwealth Parliamentary Joint Committee (PJC) on Corporations and Financial Services recommended that legislation be enacted to ‘address uncertainty’ in Brewster in a manner that would enable CFOs to be made at settlement or judgment. The authors canvass normative arguments as to the merits of CFOs and compare the alternative practice of making Funding Equalisation Orders (FEOs). They also consider the related issue of courts setting overall funding commissions. Given the possibility of legislative intervention, they also review arguments as to the potential constitutional validity of CFOs, a matter that was raised, but received very limited treatment from the High Court in BMW.
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Yakubu, Sirajo. "Ude Jones Udeogu v FRN & Ors no SC. 622C/2019: its implication on fighting financial crime and the way forward." Journal of Financial Crime 28, no. 1 (2021): 18–25. http://dx.doi.org/10.1108/jfc-05-2020-0087.
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Purpose The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019. Design/methodology/approach This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws. Findings Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7). Research limitations/implications Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court. Originality/value There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.
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Payandeh, Mehrdad. "The Limits of Freedom of Expression in the Wunsiedel Decision of the German Federal Constitutional Court." German Law Journal 11, no. 7-8 (2010): 929–42. http://dx.doi.org/10.1017/s2071832200018939.
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On 4 November 2009, the First Senate of the German Federal Constitutional Court (Bundesverfassungsgericht) handed down its decision in the Wunsiedel case. In this decision, the Court held that § 130(4) of the Criminal Code does not violate the fundamental right of freedom of expression as it is protected by Article 5 of the Basic Law. § 130(4) of the Criminal Code—in concordance with § 15(1) of the Assembly Act— provides the legal basis for prohibiting certain National Socialist assemblies, particularly those taking place on dates and at locations with a high symbolic meaning for supporters of National Socialism. Therefore, the decision is of the highest importance for the fight against neo-Nazism and other supporters of National Socialist ideologies. Beyond this specific context, the decision has a significant impact on the doctrine of freedom of expression in general.
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Parmet, Wendy, and Simon Fischer. "Human rights and immigrants’ access to care." Salud Pública de México 55, no. 6 (2013): 631. http://dx.doi.org/10.21149/spm.v55i6.7309.
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Although the human right to health is well established under international law, many states limit non-citizens’ participation in public insurance programs. In the United States, immigrants face especially high barriers due to the lack of recognition of a broad right to health as well as federal statutes restricting many immigrants’ eligibility to federally-funded insurance. High rates of uninsurance among immigrants have a detrimental effect on their health, as well as on the health of citizens who live in their communities. Finch vs. Commonwealth Health Insurance Connector, a recent case decided by the Supreme Judicial Court of Massachusetts, recognized the rights of legal immigrants in Massachusetts to state-supported health care, and demonstrates the importance of insuring immigrants in broadly-based, rather than immigrant-specific, programs.
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Weinstein, Bonnie. "United States v. Biermann." American Journal of International Law 83, no. 1 (1989): 99–103. http://dx.doi.org/10.2307/2202797.
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Defendants, citizens of the United Kingdom, Bermuda, the Federal Republic of Germany and the United States, were operators of a sailing vessel on the high seas that was registered in the United Kingdom and flying the UK flag. Defendants were indicted for possession of several tons of marijuana, with intent to distribute, following a search and seizure of their vessel by the United States Coast Guard. Initially, the court granted defendants’ request for an evidentiary hearing. However, upon further consideration, the U.S. District Court for the Northern District of California (per Legge, J.) held: that the court had proper jurisdiction, and that defendants’ motions to suppress evidence obtained from the boarding, search and seizure of the vessel and to conduct an evidentiary hearing should be denied.
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Nwauche, ES. "The Dubious Distinction between Principal and Accessory Claims in Nigerian Human Rights Jurisprudence." Journal of African Law 52, no. 1 (2008): 66–88. http://dx.doi.org/10.1017/s002185530800003x.
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AbstractWhat began as an exercise in defining the jurisdiction of the Nigerian Federal High Court over fundamental human rights has now turned into a well established principle that Nigerian courts will not entertain an action for the enforcement of a fundamental human right contained in chapter IV of the 1999 constitution through the Fundamental Human Rights (Enforcement Procedure) Rules unless it is the principal claim. In other words, if the action for the enforcement of a fundamental human right is an accessory or subsidiary claim, the action must be started by a writ of summons. This article demonstrates that this distinction is dubious, irrelevant and impossible to make, and leads to a miscarriage of justice.