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Academic literature on the topic 'Supreme Council for the Northern Jurisdiction'
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Journal articles on the topic "Supreme Council for the Northern Jurisdiction"
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Roshanzadeh, Javad, and Seyed Ahmad Habibnejad. "LEGISLATIVE RESTRICTIONS OF THE ISLAMIC CONSULTATIVE ASSEMBLY DUE TO THE LEGISLATIVE JURISDICTION OF OTHER AUTHORITIES IN THE PROCEDURE OF THE GUARDIAN COUNCIL." Humanities & Social Sciences Reviews 7, no. 6 (December 19, 2019): 813–25. http://dx.doi.org/10.18510/hssr.2019.76123.
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Purposes: In the Constitution of the Islamic Republic of Iran, in accordance with Article 71, legislation is the responsibility of the Islamic Consultative Assembly and has general jurisdiction which does not mean that the Islamic Consultative Assembly has no restrictions on legislation, but has limitations in terms of the various Constitutional principles including, the exclusive and particular jurisdiction of other authorities to legislate the law. The Islamic Consultative Assembly cannot legislate in the jurisdiction of these institutions. In the Constitution, a series of authorities have got the right to legislate.
Methodology: Using an analytical descriptive method, the present article seeks to examine the question of what are the legislative constraints of the Islamic Republic Consultative Assembly in the Guardian Council's procedure.
Results: In the procedure of the Guardian Council, other authorities, such as the Assembly of Experts of the Leadership, the Expediency Discernment Council of the system, the Supreme National Security Council, the Supreme Council of the Cultural Revolution, etc. have found the right to legislate. In other words, this general jurisdiction has been assigned in a way.
Implications/Applications: The application of this study is to introduce the laws of the Islamic Republic of Iran. The exercise of this jurisdiction by the Islamic Consultative Assembly has a framework that cannot be explained except by referring to the Constitutional principles
Novelty/Originality: In the Constitution of the Islamic Republic of Iran, due to the nature and type of government and the particular aspirations pursued, other legislative authorities include the Assembly of Experts, the Expediency Council, the Supreme National Security Council. It is accepted that by referring to the views of the Guardian Council as the Constitutional body, they have protected them in cases where the jurisdiction of these authorities has been invaded.
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Marrah, Augustine Sorie-Sengbe. "A Critique of the Supreme Court of Sierra Leone’s Conviction of Augustine Marrah for Criminal Contempt." Strathmore Law Journal 5, no. 1 (June 8, 2021): 209–16. http://dx.doi.org/10.52907/slj.v5i1.148.
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The Legal Practitioners Act of 2000 authorises the Sierra Leone Bar Association to elect six legal practitioners for membership of the General Legal Council (Council), which is the regulatory body of the legal profession in Sierra Leone. In April 2019, Ibrahim Sorie was among the legal practitioners elected to the Council. Subsequently, I—another legal practitioner—objected to and petitioned in the High Court of Sierra Leone Sorie’s election to the Council on the basis of ineligibility.
The thrust of my objection was that Sorie, a two-term ex-president of the Sierra Leone Bar Association had not yet attained the necessary fifteen-year standing qualification at the date of his appointment to the Council, based on his year of enrolment into the Permanent Register or Roll of Court in 2011.
Sorie filed an action in the Supreme Court against the Council invoking the exclusive original jurisdiction of the Supreme Court to interpret certain portions of the Constitution of Sierra Leone vis-à-vis the eligibility provision for membership to the Council in the Legal Practitioners Act.2 The Supreme Court delivered a controversial 97-paged judgment on 27 October 2020.
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Miller, Forrie. "Reflections on the Roles of Apex and Intermediate Courts in New Zealand." Amicus Curiae 4, no. 1 (November 2, 2022): 1–42. http://dx.doi.org/10.14296/ac.v4i1.5486.
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The Supreme Court of New Zealand replaced the Privy Council as New Zealand’s final appeal court in 2004. Appeals to the Privy Council in the general civil jurisdiction lay as of right, but all appeals to the Supreme Court were to be by leave. The legislature chose not to change appellate structures and pathways which had long been designed to limit the number of appeals by leave. Rather, it was hoped that the Supreme Court’s broader jurisdiction and accessible location would allow it to meet its objectives as a final appellate court.
The Supreme Court has done much to develop law for New Zealand conditions. But the number and quality of leave applications constrain its substantive output, which has apparently stabilized at a level substantially lower than was predicted in 2004. The underlying causes can be located in appellate structures and pathways which constrain demand and also affect the Court of Appeal.
This paper examines those constraints and the Supreme Court’s attempts to address them. It identifies consequences for the distribution of law development and supervision of precedent as between the Supreme Court and Court of Appeal. The paper is a call for dialogue rather than a prescription for reform, but it does suggest that consideration should be given to adjusting pathways to improve the range and quality of work decided by panels of three and five judges. It argues that courts in an appellate hierarchy must pursue a collaborative approach if law is to be developed in a reasonably timely and cost-effective way in the common law case-by-case tradition, and it suggests that is best done through appellate restraint and conservative application of the rules of precedent.
Keywords: appellate courts; distribution of responsibility for precedent; appeal pathways and leave criteria.
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Zholobov, Yaroslav B. "The powers of presidents of general jurisdiction courts in the Russian Federation: Classification issues." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 860–76. http://dx.doi.org/10.21638/spbu14.2022.402.
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Based on the practical experience of the retired court president, the article covers the issues of systematizing the powers of presidents of general jurisdiction courts in Russia through creating their classification. The material is presented in a problematic manner. The author identified four key issues related to the powers of presidents of general jurisdiction courts: the compliance of powers with new tasks and challenges that arise before the justice system; the binding nature of the powers of presidents of general jurisdiction courts; differences in the powers of presidents of general jurisdiction courts, despite the consolidation of the principle of unity of the system of general jurisdiction courts; distribution of powers between, on the one hand, the court president and, on the other hand, the Chief Justice of the Supreme Court of the Russian Federation, bodies of the judiciary and administrator — a professional manager, who is not a judge. It is shown that the powers of presidents of general jurisdiction courts are governed by various regulatory sources, which differ considerably in terms of their legal nature: the Constitution, federal constitutional laws, federal laws, presidential decrees, orders of the Judicial Department at the Supreme Court of the Russian Federation and decisions of the Council of Judges of the Russian Federation. The author considers the procedural powers divided into general powers and special procedural powers and the nonprocedural powers of presidents of general jurisdiction courts which are grouped into the powers related to personnel matters, the powers broken down by subjects and the powers categorized by the nature of actions. The article promotes the idea of interaction between the court president and judges following the principle of primus inter pares (first among equal) and the partnership model in the distribution of powers between the court president and the court administrator (professional manager), who is offered to take over all operational functions.
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Cruickshank, Johnathon. "Counteracting Settler Legal Systems." Federalism-E 22, no. 1 (May 3, 2021): 58–65. http://dx.doi.org/10.24908/fede.v22i1.14559.
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The 1997 Supreme Court case Delgamuukw v. British Columbia was groundbreaking in its recognition of oral histories as evidence of Aboriginal title. Brought forth by the Wet’suwet’en and Gitxsan nations, the trial would decide the title to territory in northern British Columbia, a jurisdiction which notably had never signed any treaties with the Canadian government. The Supreme Court overturned an earlier judgement from lower B.C. courts that had claimed Aboriginal title did not exist in law, allowing an appeal and leading to a retrial. The Supreme Court’s ruling not only defined the scope of Aborginal title, but ensured it was a constitutionally protected right that cannot be extinguished by the provinces, although it could be “infringed upon.” Additionally, it set the precedent for all future cases that Indigenous oral history must be given the same weight as written colonial history.
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Masterman, Roger. "The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?" Northern Ireland Legal Quarterly 71, no. 2 (August 14, 2020): 285–302. http://dx.doi.org/10.53386/nilq.v71i2.320.
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It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.
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BRANCO, Paulo Gonet, and Ilton Norberto ROBL FILHO. "JUDICIAL REVIEW OF LEGISLATION BY ADMINISTRATIVE BODIES AND NATIONAL COUNCIL OF JUSTICE: LIMITS AND POSSIBILITIES IN DIALOGUE WITH CONSTITUTIONAL JURISDICTION." Revista Juridica 4, no. 57 (October 5, 2019): 221. http://dx.doi.org/10.21902/revistajur.2316-753x.v4i57.3763.
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ABSTRACT Objectives: The constitutional powers of the National Council of Justice challenge a constitutionally appropriate interpretation of its functions and constitutional consequences. This article analyzes the incidental control of constitutionality of administrative acts by such Council, based on article 37 of the Constitution of 1988, with the possibility to decline application of the law interpreted as unconstitutional. Methodology: The methodology used in this study is phenomenological-hermeneutic with literature review and analysis of the jurisprudence of the National Council of Justice and the Federal Supreme Court. Results:The thesis sustained in this paper states that the control of constitutionality of laws by administrative bodies loses relevance with the adoption of a robust system of judicial review in incidental and abstract forms, as currently observed in Brazil. On the other hand, exceptionally, due to the powers of article 103-B, I and II of § 4 of the Federal Constitution, the National Council of Justice may carry out judicial review by administrative bodies, having as its control parameter especially article 37 of Federal Constitution, but with limitations and due deference to the precedents of the Federal Supreme Court to apply the constitutional principles of government and to resolve the conflict between constitutional norms. Contributions: The study mentions the peculiarities of the National Council of Justice (instituted by Constitutional Amendment No. 45/2004) that are of special interest to analyze its institutional design and its place in rule of law, discussing the possibility of judicial review of administrative acts by the National Council of Justice with the nonapplication of laws not yet declared unconstitutional by the Courts.KEYWORDS: National Council of Justice; judicial review by administrative bodies; jurisdiction; Federal Supreme Court. RESUMO Objetivos: As competências constitucionais do Conselho Nacional de Justiça desafiam uma interpretação constitucionalmente adequada das funções e das suas consequências constitucionais. Este artigo analisa o controle incidental de constitucionalidade dos atos administrativos do mencionado Conselho, a partir do art. 37 da Constituição de 1988, com a possibilidade de afastamento da lei interpretada como inconstitucional. Metodologia: A metodologia utilizada neste estudo é fenomenológico-hermenêutica com revisão da literatura e análise da jurisprudência do Conselho Nacional de Justiça e do Supremo Tribunal Federal. Resultados:A tese sustentada neste trabalho afirma que o controle de constitucionalidade de leis por órgãos administrativos perde relevância com a adoção de robusto sistema de controle judicial de constitucionalidade nas modalidades incidental e abstrata, conforme se observa atualmente no Brasil. De outro lado, excepcionalmente em razão das competências dos incisos I e II do § 4º. do art. 103B, da Constituição de 1988, o Conselho Nacional de Justiça pode realizar controle administrativo de constitucionalidade, tendo como parâmetro de controle especialmente o art. 37 da Constituição de 1988, mas tendo limite e devendo deferência à jurisprudência do Supremo Tribunal Federal para concretizar os princípios constitucionais da administração pública e para solucionar a colisão entre normas constitucionais. Contribuições: O estudo traz as peculiaridades do Conselho Nacional de Justiça (instituído pela Emenda Constitucional nº. 45/2004), que são de especial interesse para analisar-se sua estrutura institucional e seu lugar no regramento do Direito ao discutir a possibilidade de revisão judicial de atos administrativos pel Conselho Nacional de Justiça co a não aplicação de leis ainda não declaradas inconstitucionais pelos tribunais. PALAVRAS-CHAVE: Conselho Nacional de Justiça; controle de constitucionalidade administrativo; jurisdição; Supremo Tribunal Federal.
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Bortnikova, Alla. "The Activity of the Lutsk Government's in Conditions of the Magdeburg Law Implementation." Історико-політичні проблеми сучасного світу, no. 35-36 (December 20, 2017): 320–27. http://dx.doi.org/10.31861/mhpi2017.35-36.320-327.
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The political and legal analysis of the principles of organization and main directions of the city government in Lutsk activity according to the normative and legal acts of the Grand Duchy of Lithuania supreme authority and materials of local administrative and judicial institutions in the conditions of the of Magdeburg lawimplementation has been carried out. Grand privilege to the city of Lutsk for the Magdeburg law in 1497 has been considered in details. The city’s government structure, its bodies’ functions: council and lava and chief officials ─ Vogt, Landvogt, burgomasters, advisers and lavnyks have been found out. The activities of the local government officials’ in the field of administration and justice, tax and customs policy, the organization of bids and fairs, support for the development of a handicraft trade, etc. has been revealed. It has been proven, that that in the middle of the 16thcentury the city government in Lutsk actually gained the value of a higher judicial and administrative body for the burghers who belonged to the jurisdiction of the city self- government. The confirmation of this was the participation of members of the city council and lava in criminal cases and taking over of such sentences as the death penalty.
Considerable attention has been paid to the issue of the rights and freedoms of burghers’ protectiongranted to them by Magdeburg law and local customs from attacks of the landowners and city officials. The examples of the conflict’s resolution between Lutsk burghers and property owners in connection with the unauthorized placement by private landowners of private customs and the unlawful introduction of bids have been given. It has been proven, that theviolations of ancient customs and traditions in the field of customs and tax policy, as well as other abuse of local authorities and landowners met with collective resistance from the burghers of Magdeburg jurisdiction. During their appeal by the Lutsk burghers, the Grand Duke stood on the side of the burghers, confirming the authority and power of the urban community, as well as respect to the traditions and law, that was publicly demonstrated by the supreme power.
Keywords: Grand Duchy of Lithuania, local self-government, the Magdeburg law, city, Luts’k, burghers, council, lava, administration, court
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McIntosh, Ian. "Renegade Rockets & the Darwin Space Base Fiasco: The Relations Between Aborigines, Developers, and Anthropologists in Australia's Northern Territory." Practicing Anthropology 21, no. 1 (January 1, 1999): 24–27. http://dx.doi.org/10.17730/praa.21.1.hu58583525p62237.
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The most significant employer of anthropologists in Australia's Northern Territory is not the university or museum. It is the Aboriginal land councils. As I detail in this article, the primary role of the land council anthropologist is to mediate between Aboriginal groups and developers. But there is a catch. While anthropologists are usually employed because they have already developed a relationship with particular clans as a result of Masters or Ph.D. studies, in performing the duties as required by a council, one often alienates the people who we owe our careers to. This is because any land council has a dual function. On the one hand it pursues land and sea rights for the Aboriginal people under its jurisdiction. On the other, it is trying to sell the idea of Aboriginal property rights to the rest of Australia, where Aborigines enjoy nowhere near the same level of rights.
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Malbin, Michael J., and Michael Parrott. "Small Donor Empowerment Depends on the Details: Comparing Matching Fund Programs in New York and Los Angeles." Forum 15, no. 2 (July 26, 2017): 219–50. http://dx.doi.org/10.1515/for-2017-0015.
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Abstract Political campaigns have long been financed by people with well above average incomes, but the balance has tilted dramatically since the Supreme Court’s 2010 decision in Citizens United v. FEC. A number of jurisdictions have been looking to rebalance the incentives through new (or updated) public financing programs. Much of the discussion about their potential effects, however, has been sweepingly generic. But we know that these programs do differ from each other and have good reason to expect that “success” or “failure” will depend both on their goals and the programs’ details. This article focuses on one type of program that has become a model in recent years. Until recently New York City was the only jurisdiction with a multiple matching system explicitly designed to increase the role of small donors.Previous studies noted apparent successes, but it has been difficult to feel comfortable with only one jurisdiction to test. After Los Angeles revised its system in 2013, serious comparisons became possible. This article finds that New York City’s campaign finance matching fund program increased the number, proportional role, and diversity of small donors in city council elections but that the Los Angeles program was substantially less effective. The findings were confirmed through a difference-in-differences procedure that tested each city council over time against state legislative districts representing the same geographical space. A series of explanations relating to the programs’ details were tested, leading us to conclude that the policy details were affecting the results. The results were also different in both cities for mayoral and city council candidates. This suggests alterations may be needed if one were to consider the model for offices with larger constituencies, such as Governor or the US Congress. Finally, the article concludes with a discussion of major arguments for and against increasing small donor participation as a goal for public policy.
Books on the topic "Supreme Council for the Northern Jurisdiction"
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Newbury, George Adelbert. A history of the Supreme Council, 33⁰ of the Ancient Accepted Scottish Rite of Freemasonry for the Northern Masonic Jurisdiction of the United States of America. Lexington, Mass. (P.O. Box 519, Lexington 02173): Supreme Council, A.A.S.R., N.M.J., 1987.
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Scottish Rite (Masonic order). United Supreme Council, Prince Hall Affiliation, Southern Jurisdiction., ed. The United Supreme Council, Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, 100th anniversary, Oct 25-28, 1986, Washington, D.C. [S.l.]: The Council, 1987.
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Anonyma. Constitutions and General Regulations of the Supreme Council of the Ancient Accepted Scottish Rite for the Northern Masonic Jurisdiction. Kessinger Publishing, 2003.
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Scottish Rite (Masonic Order) Suprem. Proceedings of the Supreme Council of Sovereign Grand Inspectors General of the Thirty-Third and Last Degree of the Ancient Accepted Scottish Rite of Freemasonry for the Northern Masonic Jurisdiction of the United States of America. Creative Media Partners, LLC, 2022.
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Webber, Frederick. Statutes of the Supreme Council 33rd Degree of the Ancient and Accepted Scottish Rite of Freemasonry for the Southern Jurisdiction. Kessinger Publishing, 2003.
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Cowles, John H. Supreme Council 33rd Degree, Part 1, or Mother Council of the World of the Ancient and Accepted Scottish Rite of Freemasonry, Southern Jurisdiction, United States of America. Kessinger Publishing, LLC, 2003.
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Cowles, John H. Supreme Council 33rd Degree, Part 2, or Mother Council of the World of the Ancient and Accepted Scottish Rite of Freemasonry, Southern Jurisdiction, United States of America. Kessinger Publishing, LLC, 2003.
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Gilmore, Stephen, and Lisa Glennon. Hayes & Williams' Family Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.001.0001.
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Hayes and Williams’ Family Law, now in its sixth edition, provides critical and case-focused discussion of the key legislation and debates affecting adults and children. The volume takes a critical approach to the subject and includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. The introductory chapter within this edition provides a discussion of the law’s understanding of ‘family’ and the extent to which this has changed over time, a detailed overview of the meaning of private and family life within Article 8 of the ECHR, and a discussion of the Family Justice Review and subsequent developments. Part 1 of this edition, supplemented by the ‘Latest Developments’ section, outlines the most up-to-date statistics on the incidence of marriage, civil partnerships and divorce, discusses recent case law on the validity of marriage such as Hayatleh v Mofdy [2017] EWCA Civ 70 and K v K (Nullity: Bigamous Marriage) [2016] EWHC 3380 (Fam), and highlights the recent Supreme Court decision (In the Matter of an Application by Denise Brewster for Judicial Review (Northern Ireland) [2017] 1 WLR 519) on the pension rights of unmarried cohabitants. It also considers the litigation concerning the prohibition of opposite-sex civil partnership registration from the judgment of the Court of Appeal in Steinfeld and Keidan v Secretary of State for Education [2017] EWCA Civ 81 to the important decision of the Supreme Court in R (on the application of Steinfeld and Keidan) (Application) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32. This edition also provides an in-depth discussion of the recent Supreme Court decision in Owens v Owens [2018] UKSC 41 regarding the grounds for divorce and includes discussion of Thakkar v Thakkar [2016] EWHC 2488 (Fam) on the divorce procedure. Further, this edition also considers the flurry of cases in the area of financial provision on divorce such as Waggott v Waggott [2018] EWCA Civ 722; TAB v FC (Short Marriage: Needs: Stockpiling) [2016] EWHC 3285; FF v KF [2017] EWHC 1903 (Fam); BD v FD (Financial Remedies: Needs) [2016] EWHC 594 (Fam); Juffali v Juffali [2016] EWHC 1684 (Fam); AAZ v BBZ [2016] EWHC 3234 (Fam); Scatliffe v Scatliffe [2016] UKPC 36; WM v HM [2017] EWFC 25; Hart v Hart [2017] EWCA Civ 1306; Sharp v Sharp [2017] EWCA Civ 408; Work v Gray [2017] EWCA Civ 270, and Birch v Birch [2017] UKSC 53. It also considers the recent decision of the Supreme Court in Mills v Mills [2018] UKSC 38 concerning post-divorce maintenance obligations between former partners, and the Privy Council decision in Marr v Collie [2017] UKPC 17 relating to the joint name purchase by a cohabiting couple of investment property.Part 2 focuses on child law, examining the law on parenthood and parental responsibility, including the parental child support obligation. This edition includes discussion of new case law on provision of child maintenance by way of global financial orders (AB v CD (Jurisdiction: Global Maintenance Orders)[2017] EWHC 3164), new case law and legislative/policy developments on section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders transferring legal parenthood in surrogacy arrangements), and new cases on removing and restricting parental responsibility (Re A and B (Children: Restrictions on Parental Responsibility: Radicalisation and Extremism) [2016] EWFC 40 and Re B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam)). Orders regulating the exercise of parental responsibility are also examined, and this edition updates the discussion with an account of the new Practice Direction 12J (on contact and domestic abuse), and controversial case law addressing the tension between the paramountcy of the child’s welfare and the protected interests of a parent in the context of a transgender father’s application for contact with his children (Re M (Children) [2017] EWCA Civ 2164). Part 2 also examines the issue of international child abduction, including in this edition the Supreme Court’s latest decision, on the issue of repudiatory retention (Re C (Children) [2018] UKSC 8). In the public law, this edition discusses the Supreme Court’s clarification of the nature and scope of local authority accommodation under section 20 of the Children Act 1989 (Williams v London Borough of Hackney [2018] UKSC 37). In the law of adoption, several new cases involving children who have been relinquished by parents for adoption are examined (Re JL & AO (Babies Relinquished for Adoption),[2016] EWHC 440 (Fam) and see also Re M and N (Twins: Relinquished Babies: Parentage) [2017] EWFC 31, Re TJ (Relinquished Baby: Sibling Contact) [2017] EWFC 6, and Re RA (Baby Relinquished for Adoption: Final Hearing)) [2016] EWFC 47).
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Morals and Dogma of the Ancient and Accepted Scottish Rite of Freemasonry, Prepared for the Supreme Council of the Thirty-Third Degree, for the Southern Jurisdiction of the United States, and Published by Its Authority. Creative Media Partners, LLC, 2018.
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Morals and Dogma of the Ancient and Accepted Scottish Rite of Freemasonry, Prepared for the Supreme Council of the Thirty-Third Degree, for the Southern Jurisdiction of the United States, and Published by Its Authority. Creative Media Partners, LLC, 2018.
Find full textBook chapters on the topic "Supreme Council for the Northern Jurisdiction"
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Brice, Dickson. "7 The Supreme Court and Northern Ireland." In The Irish Supreme Court. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198793731.003.0007.
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This chapter begins by considering the arms trial in the early 1970s and outlines the gist of the Sunningdale Agreement in 1973 before considering the challenge to that Agreement dealt with by the Supreme Court in the Boland case. There follows an examination of the Court’s views on the constitutional status of Northern Ireland in McGimpsey v Ireland, decided in the wake of the Anglo-Irish Agreement of 1985, and on the constitutionality of the Belfast (Good Friday) Agreement in the Riordan case. There is an analysis of Law Enforcement Commission’s report and of the Court’s views on resulting Criminal Law (Jurisdiction) Bill 1975. The focus next moves to the shifting views of the Supreme Court on when it is appropriate to extradite suspected terrorists to Northern Ireland. Cases concerning Dominic McGlinchey, Séamus Shannon, Robert Russell, Dermot Finucane and Owen Carron are examined, as is the state of extradition law today.
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Gillespie, Alisdair A., and Siobhan Weare. "6. The Structure of the Courts." In The English Legal System, 201–24. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198830900.003.0006.
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This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (ie excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (ie which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroner’s Courts.
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Gillespie, Alisdair, and Siobhan Weare. "6. The Structure of the Courts." In The English Legal System. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785439.003.0006.
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This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (i.e. excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (i.e. which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroners’ Courts.
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Gillespie, Alisdair A., and Siobhan Weare. "6. The Structure of the Courts." In The English Legal System, 201–24. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198868996.003.0006.
Full textAbstract:
This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (i.e. excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (i.e. which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroner’s Courts.
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Calabresi, Steven Gow. "The United States: Creation, Reconstruction, the Progressives, and the Modern Era." In The History and Growth of Judicial Review, Volume 1, 97–182. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0005.
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This chapter focuses on the origins and growth of judicial review of the constitutionality of federal and state legislation in the United States. American judicial review emerged from the vertical federalism umpiring of the King-in-Council, which reined in errant colonies; and from the open political space created by bicameralism, the separation of powers, and federalism, which gave the federal courts the political leeway to engage in judicial review of the constitutionality of federal and state laws. American judicial review took its present form of allowing horizontal separation of powers and enumerated powers vertical judicial review during the critical years between 1776 and 1803 when the faith of the American people shifted away from state legislatures and state governments and toward stronger executives and courts and a much stronger national government. This theory is set forth correctly by Professor Gordon S. Wood in both articles he has shared with me and in conversation. The addition of the three Reconstruction Amendments, and the enormous statutory expansions of federal court jurisdiction and of the number of lower federal court judges after the Civil War, occurred for rights from wrongs reasons. They led, after the incorporation of the Bill of Rights against the states between 1940 and 1970, to a situation where the Supreme Court now reins in errant state legislatures in much the same way the King-in-Council used to rein in errant colonial legislatures.
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Denson, Andrew. "Introduction." In Monuments to Absence. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469630830.003.0001.
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This book began with tourism. In the summer of 1994, a friend and I drove from Bloomington, Indiana, where I attended graduate school, to Florida for a short vacation. As we sped along Interstate 75 through northern Georgia, I spotted a brown roadside sign announcing that, at the next exit, we would find New Echota, a state historic site interpreting the history of the Cherokee Nation. For a brief time in the early nineteenth century, New Echota was the Cherokee capital, the seat of the national government created by tribal leaders in the 1820s. The Cherokee National Council met at New Echota in the years prior to removal, and it was the site of the Cherokee Supreme Court. During a time when the United States and the state of Georgia pressured Cherokees to emigrate to the West, the new capital represented the Cherokees’ determination to remain in their homeland. It was also the place where, in late 1835, a small group of tribal leaders signed the treaty under which the United States forced the Cherokee Nation to remove. I had recently become interested in the history of Cherokee sovereignty and nationhood, and I concluded that I should prob ably know about this heritage attraction. We pulled off the highway and followed the signs to the site....