International judges and prosecutors are today present in various places around the world. They are supposed to function as a complement to the national judiciary and help in the up-building of rule of law. However, there are various problems and questions regarding the work they accomplish, which will be discussed throughout this thesis. Kosovo has been chosen as an example since it has a long experience of international judges and prosecutors. Further on it has been debated if the international personnel in the Kosovar judicial system contribute to the capacity-building or not. The following text also brings up several types of courts where the international judges and prosecutors are present. The reason for this is to give an idea of the various forms of international involvement that exists, but also to discuss where justice should be done. The aim of the thesis has been to find some key problems regarding international judges and prosecutors in national legal systems to be able to make better in the future. During the analyse of those questions various materials have been used, such as regulations, reports and previous research. The conclusion that has been drawn is that international judges and prosecutors can play an important role in the building of rule of law in national legal systems. However, the cooperation among internationals and nationals has to be deeper. Therefore some questions regarding for example salary and language problems must be solved so that the cooperation has the possibility to grow stronger in the future.

The fair-value hierarchy used in financial accounting has been criticized because of its complexity being the reason for several accounting issues. This study examines the underlying factors affecting decision makers in the process of fair-value accounting of financial instruments within the fair-value hierarchy. Research has been conducted through in-depth interviews with representatives of five Swedish banks. The findings have been analysed with a frame of reference built on prior judgment and decision making research. The results of the study show that the extent of the affecting factors vary between different banks depending on the banks' individual prerequisites.

Thesis (LL. M.)--University of Toronto, 2001. / Includes bibliographical references.

No description available.

No description available.

Shurayh&dotbelow; b. al-H&dotbelow;arith al-Kindi, the Successor and qad&dotbelow;i is, without a doubt, the most famous Kufan jurist prior to Ibrahim al-Nakha`i (d. 95/713). But neither Shurayh&dotbelow; nor his Kufan contemporaries left any books or written records. All information about the qad&dotbelow;i comes in the form of traditions provided by the later generations of Muslim chroniclers. These traditions do not satisfy any standard of historical verifiability; they tell us primarily and reliably only about what those later generations thought important to say about, or in the name of, Shurayh&dotbelow;. This is, nonetheless, vital information, and its importance is defined in the thesis question: what can we, by examining the traditions about Shurayh&dotbelow;, learn about the development of Islamic law? / The traditions are categorized into the following typologies, each of which is analyzed in a separate chapter: (a) biographical traditions, (b) legal theory, (c) legal ethics and procedure, (d) substantive law, (e) Shi`a juridical traditions. The analysis of the biographical traditions reveals that quite early after Shurayh&dotbelow;'s death---estimated at sometime between 76/695 and 99/718, he had evolved into a hazy figure. / In addition to providing a response to the thesis question, the conclusion seeks to answer some other questions, among them: why did Shurayh&dotbelow;, who was not the legal reasoner par excellence of his time, metamorphose into an aretological figure? Why did the Kufans seek to back-project his appointment to the time of `Umar? Based on the evidence, it is concluded that in Kufan imagery, Shurayh&dotbelow;'s legal opinions were deemed as valid as those of a Companion, and he personified the Kufan authority of "pastness."

This study examines two interconnected and as yet wholly neglected aspects of Max Weber's 'Sociology of Law,' namely, its substantive underpinnings and focal concern with the status of the judge. At the heart of the 'Sociology of Law' is a comparative analysis of the Continental and the English administrations of justice, which can best be understood when read against his substantive sociology and which requires an assiduous reading of the 'Sociology of Law.' Thus the first part of this examination elucidates Weber's overarching concern with the effects of bureaucratization on the development of personality. The second part provides a detailed explication of the 'Sociology of Law' which privileges his treatment of the Common Law and distinguishes the juristic and sociological strands of his analysis, re-examines his notion of formal and substantive rationality, pays close attention to his assessment of the Free Law Movement, and accords due place to his discussion of the anti-formalistic tendencies in modern law. Taken together, these expose the contradictions and assumptions which frame his tendentious analysis and bring to light the vital role he ascribes to the judge.

This dissertation seeks to explore the judiciary as an independent and separate arm of government. In doing so, this dissertation attempts to provide a holistic analysis of the constitutional and legislative framework that has been established to protect both individual and institutional independence of the judiciary in South Africa. The question that will be asked is whether such mechanisms are consistent with the section 165 of the Constitution. Central to this analysis is whether the system of court administration that was inherited from apartheid is appropriate for the purposes that courts now have to perform under South Africa‟s constitutional democracy. Chapter one lays the foundation by providing an introduction to the topic under discussion. In doing so, this chapter also provides the research question, literature review, and an explanation of the research methodology. Lastly, this chapter attempts to trace the historical foundation of the principle of judicial independence. It is concluded that judicial independence is linked with the development of the rule of law and seeks to counter unfettered power. In an attempt to provide a conceptual definition for judicial independence, chapter two draws from international law instruments. This definition focuses on the distinction between independence and impartiality; individual and institutional independence. It is then concluded that judicial independence is vital for good governance, administration, accountability and the protection of the public from the arbitrary and abusive exercise of power by the state. Chapter three focuses on the independence of judges in South Africa, in other words, individual independence. This chapter contains an analysis of legislative mechanisms adopted in South Africa to protect the judges from improper influence in their adjudicatory tasks. Further, this chapter also analyses jurisprudence relating to impartiality and bias. It is concluded that the constitutional and legislative framework adopted in South Africa sufficiently insulates judges from improper influence. As far as impartiality is concerned, it is concluded that in terms of South African jurisprudence, the presumption is that judges are impartial. The burden of proof falls on the party alleging bias. Chapter four focuses on court administration. This chapter gives an overview of the structure of courts and the current system of court administration in South Africa. Further, this section discusses how the doctrine of separation of powers relates to court administration. This section also discusses reforms to the current system of court administration that have been proposed by the Department of Justice and Constitutional Development. It is concluded that the current system of court administration is inconsistent with the Constitution and the doctrine of separation of powers as it permits the executive to encroach upon the independent functioning of the courts. Chapter five seeks to discuss some of the challenges that threaten judicial independence in South Africa. This chapter begins by providing a cursory overview of some of the main incidents which have threatened the independence of South Africa‟s judiciary. The main focus of this chapter is the alleged attempt by the Cape Judge President Hlophe to improperly influence judges of the Constitutional court in their adjudicatory tasks. Moreover, this chapter discusses the manner in which the complaint against Judge Hlophe was dealt with by the Judicial Service Commission. It is concluded that in dismissing the complaint against Judge Hlophe without a thorough examination, the Judicial Service Commission abdicated its constitutional duty. It is also concluded that the unresolved complaint against Judge Hlophe casts a shadow of doubt over the impartiality and independent functioning of the judiciary in South Africa. The main conclusion in chapter six is that the protection of independence in South Africa suffers from contradictory elements which leave the judiciary under executive control, which constitutes an insidious erosion of the doctrine of separation of powers. Therefore the status of the judiciary as an equal arm of government in South Africa is weak. Thus, while South Africa's judiciary is impartial and contains strong elements of individual independence, it is not independent. The essence of the recommendations relate to the functioning of the Judicial Service Commission, the application of section 175 (2) of the Constitution, the tenure of judges, the administration of courts, the complaint against Judge Hlophe and the Superior Courts Bill. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

The independence of the judiciary is not only crucial for the legal community, but for all South Africans, including the business community. It is important for local and foreign investment to have confidence that the judiciary will protect and enforce their interests. It is submitted that if the independence of the judiciary is undermined in South Africa, not only will the judiciary be affected but so will the broader business community. The aim of this study is to determine what effect legislative and executive interference in managing the judiciary, through its human resource processes (such as selection, training and discipline of judges) as well as through its finances and court administration, has had on the independence of the judiciary. In recent years there has been an increased interest in the activities of the judiciary and an increase in the criticism of its members. This has resulted in the executive proposing amendments to legislation which, in turn has resulted in the ongoing debate in legal circles about the impact of these measures on the independence of the judiciary. The concern is that the proposed measures will enable the executive to further encroach upon the judiciary and undermine its independence. Consequently, members of the judiciary, academics, members of the bar council and the side bar have objected strongly to the proposed legislative changes. The purpose of this case study is to explore the extent to which the executive has already interfered with, and proposes to further interfere with judicial personnel and the functioning of the judiciary. A further purpose is to establish what effects the aforesaid political interference has had on the independence, the efficient and effective functioning of the judiciary. It is hoped to determine whether the proposed legislative and executive measures will remedy the perceived judicial inefficiencies through holding members more accountable or whether they will compound the problems that already exist. In pursuit of this broad aim the research takes a grounded, theory-generating approach. The foundation of the research design is a combination of the use of the literature surveyed in Chapter Two together with the responses to the survey questionnaires and the answers to the interview questions from judges of the various superior courts of South Africa. The South African judiciary presently comprises of the Constitutional Court, the Supreme Court of Appeal and 13 divisions and local divisions of the High Court situated in Bisho (Ciskei); Bloemfontein (Orange Free State); Cape Town (Cape of Good Hope Division); Durban (Durban and Coast Local Division); Grahamstown (Eastern Cape); Johannesburg (Witwatersrand Local Division): Kimberley (Northern Cape); Mmabatho (Bophuthatswana); Pietermartizburg (KwaZulu-Natal); Port Elizabeth (South Eastern Cape Local Division); Pretoria (Transvaal); and Thohoyandou (Venda). A dual approach using two types of research instruments, namely the survey questionnaire and the interview questionnaire, was used. In 1999 only two of the ten Constitutional Court judges were women (Sally Baden, Shireen Hassim and Sheila Meintjes, 1999). At that time there were only two female judges in the Labour Court and one in the Land Claims Court. Also, of the total of 186 judges, at the time, 156 were white males, 20 were black males, 7 were white women and 3 were black women. However, the racial and gender composition of the judiciary has changed dramatically since then (Seedat, 2005, page 5) and (Lewis, 2008, page 1). No random sample was taken, due to the small population size of the judiciary and it was feared that it would further reduce the response rate. Both research instruments (the survey questionnaire and the interview schedule of questions) were sent to the entire population of judges, which at the time that the study was conducted, consisted of 213 judges in total. The main source of data was obtained from the research questionnaire developed by the researcher. This was posted to each of the respondents, together with a self-addressed envelope. The aforesaid data was obtained from the semi-structured face to face (alternatively telephonic) interviews conducted with the respondents, who were willing to participate and agreed to be interviewed. Amongst the judges surveyed and interviewed some were current judges, some were retired judges and some were acting judges, of the various superior courts (the interview questionnaire was also developed by the researcher), all of whom were spread across the whole of South Africa. Due to distance and time constraints, a number of the judges agreed to be interviewed telephonically instead of face to face, which saved the researcher a great deal of expense, with regards to travelling and accommodation. The constant comparative method of qualitative analysis was used. Data reduction was carried out in three stages, each representing a progressively higher level of theoretical abstraction. The findings of the research are expressed as an integrated theory and a series of propositions, generalized within the boundaries of the study, relating legislative and executive interference with the judiciary and what the impact and effect these have had on the independence of the judiciary. The conclusions may be summarized in four statements. Firstly, there is political interference with the personnel of the judiciary, through the Judicial Service Commission being involved in the judicial selection and disciplinary processes. This has negatively impacted on the efficient functioning of the judiciary. Secondly, the judiciary has transformed and no further political inference is necessary to bring about transformation of its structures or its functioning. Thirdly, there is executive interference, by the Department of Justice, with the judiciary's finances and court administration, which has negatively impacted on the efficient functioning of the judiciary. Fourthly, the proposed judicial bills are an unnecessary intrusion and, if enacted, will increase the executive's power over the functioning of the judiciary, further undermining its independence and possibly eventually leading to its complacency. This will have adverse consequences for all South Africans, including the business community, as local and foreign investor confidence in the South African judiciary's ability to protect and enforce their rights. In light of the aforesaid, the recommendation is that all forms of political interference with the judiciary should be removed and that the legislature and the executive should support the judiciary and protects it from judicial criticism. The legislature and the executive should take steps where necessary to remedy the abovementioned, for example to correct the imbalances in the composition of the Judicial Service Commission and allow the judiciary to control its own internal processes thereby ensuring that it functions efficiently and independently. / Thesis (MBA)-University of KwaZulu-Natal, 2009.

Thesis (M.A.) - Carleton University, 2001. / Includes bibliographical references (p. 78-84). Also available in electronic format on the Internet.