Spelling suggestions: "subject:"air trial."" "subject:"pair trial.""
31 |
Eradicating delay in the administration of justice in African courts: a comparative analysis of South African and Nigerian courtsObiokoye, Iruoma Onyinye January 2005 (has links)
"A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. In countries such as Nigeria, South Africa, Ghana, Tanzania, and Uganda, speedy resolution of disputes is becoming increasingly elusive. Although many African countries have constitutional provisions against delay, and have identified congestion, excessive adjournments, local legal culture and corruption as some of the major causes of delay, nevertheless, the problem continues to be a feature in African Courts. In Nigeria, the average period to commence and complete litigation is six to ten years. In some instances, the litigation period is even longer. For example, in the case of Ariori v. Muraimo Elemo proceedings commenced in October 1960 and took 23 years to reach the Supreme Court of Nigeria. In South Africa, despite many programs and projects in place to solve the problem, delay in the administration of justice is still a problem. Appraising the extent of the problem, Penuell Maduna addressing the National Judges Symposium stated: “The public is perturbed by substantial backlogs in the criminal courts and in finalising prosecutions...” Mindful of the increase of this problem, especially in view of the consequences it poses, this study perceives a need to eradicate delay in the administration of justice. Thus, this study analyses the problem of delay in Nigerian and South African Courts with a view to ascertaining the nature, extent and causes of delay in the two countries, and suggests possible solutions to the problem. South Africa and Nigeria were chosen because they have similar judicial systems and experience delays in judicial proceedings." -- Chapter 1. / Prepared under the supervision of Mr. Abraham J. Hamman, Faculty of Law, University of Western Cape, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM
|
32 |
Exploring the implications of the use of Official Languages Act 12 of 2012 on the establishment of the indigenous language courts in the Vhembe District, Limpopo Province, South AfricaChoshi, Madumetja Kate 23 September 2016 (has links)
PhD (African Studies / Centre for African Studies / This study explored the implications of Act 12 of 2012 on the establishment of indigenous
languages within the ambit of the Constitution of the Republic of South Africa’s Act 108 of 1996
on the use of English and Afrikaans Languages only in the Vhembe District criminal court
proceedings. The establishment of the Indigenous Language Courts for the purpose of using
indigenous languages, namely Tshivenda, Xitsonga and Sepedi as languages of court was the main
objective of this study. This study investigated (a) whether present legally-recognised methods on
the use of English and Afrikaans only in criminal court proceedings give effect to the right to a
fair trial and (b) what are the implications of the Use of Official Languages Act on the use of
English and Afrikaans only in the Vhembe District multilingual criminal courtrooms. This was
accomplished through qualitative methods of data collection and analysis, namely in-depth
personal interviews and textual analysis of the literature and case law review on the phenomenon
under investigation. The interviews were conducted with samples of seven categories of
participants, namely, the accused persons, the convicted persons, the court officials, court
interpreters, the DJ & COND Directors, the PanSALB and one University Centre for African
Languages i.e. UCT. Through both methods, it was revealed that the legally enforceable methods
that prefer the use of English and Afrikaans as languages of the courts and court records over the
accused’s indigenous language or their mother-tongue in the entire trial thereby negating their right
to a fair trial, are the provisions of the legislation and the Constitution and their application thereof,
as well as legal instructions and culture. It was further revealed that this Act implied the elimination
of the use of English and Afrikaans and creates opportunity to the accused’s right to use his or her
mother-tongue as one of the indigenous languages in the entire trial thereby affording the accused
the right to a fair trial. The study found that the two theories as designed and implemented
revealed problems on the ground and helped this research to conclude that these legally enforceable
methods created the feeling of unfair treatment amongst the users of the indigenous languages in
court. It suggested that the three identified indigenous languages be used as languages of court
and of court record.
|
33 |
Předběžná opatření v civilním řízení / Interim measures in civil proceedingsHorecká, Anna January 2020 (has links)
Interim measures in civil proceedings Abstract Interim measure is a traditional institution of the civil procedural law, which provides fast and effective protection of subjective rights. However, it is inherent in this protection that it is always only temporary, as it is assumed that the legal relationship between the parties will be settled in the main court proceedings. The aim of this master's thesis is to give a clear commentary on the current legislation of interim measures, both the general interim measure regulated in the Code of Civil Procedure and special interim measures regulated in the Act on Special Civil Proceedings, and to confront the current legislation of interim measures with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Master's thesis is divided into four chapters. The first chapter introduces the institution of interim measure in general terms. It describes their basic characteristics, the modification of procedural principles in interim proceedings and outlines the individual types of interim measures. The second chapter is devoted to the general regulation of interim measures in the Code of Civil Procedure. It sets out the reasons for ordering an interim measure, admissibility criteria and description of the interim...
|
34 |
Přezkoumávání rozhodnutí o přestupku / Reviewing the decision on an administrative delictMarková, Monika January 2019 (has links)
Reviewing the decision on an administrative delict Abstract This diploma thesis deals with the reviewing the decision on an administrative delict, i.e. the reviewing performed by administrative authorities, but also by courts. The objective of this thesis is to define the basic terms and principles used in the reviewing the decisions on an administrative delict, and to further focus on individual means that allow the reviewing the decisions on an administrative delict. These individual means are discussed in the thesis, and there are also outlined their problematic aspects. The partial objective is to think about the current legislation in connection with the matter, whether such amount of various means is needed and whether this purposefully ensures the fulfilment and protection of rights. This thesis is divided into four basic parts. The first chapter is dedicated to sources of legislation and the influence of international and criminal law on the reviewing the decisions on an administrative delict. In the second chapter, there are defined the basic terms of the reviewing the decisions on an administrative delict, and there are further elaborated the principles that manifest themselves in the reviewing the decisions on an administrative delict. The means allowing the reviewing the decisions on an...
|
35 |
Kontradiktornost v trestním řízení / Contradictority in Criminal ProceedingsVích, Jaroslav January 2020 (has links)
IN ENGLISH The purpose of my thesis is to provide an analysis of contradictority in criminal proceedings, particularly the evaluation of contradictority that is protected in penal code and its manifestation within preliminary proceeding and proceeding in court. This thesis tries to summarize the concept of contradictority in criminal proceedings and take the preparation of reform in penal code into consideration. The second chapter defines fundamental differences between inquisitional and adversarial juridical system, from which current juridical system is formed, where the contradictority is applied with some distinctions in meaning. Furthermore, the reading and the concept of contradictority in juridical system in legal study of continental legal system particularly in domestic on is discussed. In this chapter it is also analysed how courts put reading of contradictority and its definition into practice. The final part consists of reform juridical system and its relation to contradictority, especially to its protection by the basic principles in criminal proceedings. Next chapter analyses the scope of the meaning of contradictority and trial principles are attached and used. It is divided according to the aim of the use more precisely it looks into the real condition of the case, defence law and...
|
36 |
The right to meaningful and informed participation in the criminal processCassim, Fawzia 30 November 2003 (has links)
The composite right to meaningful and informed participation in the criminal process comprises the right to information, the right to understand, the right to be prepared, the right to be present, the right to confrontation and the right to present one’s case. The sub-rights are not of an overarching nature such as the right to legal representation and the right of access to the law. The various rights are grouped together because they show some connection with the ability of the suspect or the accused to participate in the criminal proceedings as a legal subject, and not as an object of the proceedings as in primitive times. These rights ensure that the accused will not participate in the criminal process from an unfavourable position. The heading ‟meaningful and informed participation” is therefore a collective term for these rights. These sub-rights form part of the comprehensive right to a fair trial.
The thesis examines aspects of the position of the accused in South Africa and in foreign jurisdictions such as the United States of America, Canada, New Zealand, Australia, Germany, the United Kingdom and Islamic systems. International instruments such as the European Convention for the Protection of Human Rights and decisions of the United Nations Human Rights Committee are also considered. The thesis first considers the historical perspective of the accused in primitive times when he was regarded as an object of the criminal proceedings, to the present time when he is regarded as a subject of the proceedings. The study on foreign jurisdictions reveals that for the most part, our law is in line with the law of other countries. The study also demonstrates that the various rights are not absolute. In exceptional circumstances, some diminution of the accused’s rights is necessary to protect the interests of society. Nevertheless, the courts should act cautiously and not allow the exceptions to overtake the rule. The judiciary should strive to find a better balance between the constitutional rights of the accused and the interests of society. To this end, the judicial system must be objective yet vigilant. / Criminal & Procedural Law / LL.D.
|
37 |
A further look at S v Zuma (1995(4) BCLR 401 SA (CC))Lombard, Sulette 01 1900 (has links)
The Zuma case - important as the first decision of the Constitutional Court - is primarily
concerned with the constitutionality of section 217(l)(b)(ii) of the Criminal Procedure Act.
In trying to fmd an answer to this question, the Constitutional Court also addressed other
important issues.
In this dissertation the Constitutional Court's decision on the constitutionality of section
217(1)(b)(ii) is examined, as well as important general principles laid down by the Court
regarding incompetent referrals by the Supreme Court; constitutional interpretation; reverse
onus provisions and the right to a fair trial; as well as the application of the general limitation
clause.
A closer look is taken at adherence to these principles in subsequent Constitutional Court
decisions, and finally a conclusion is reached on the value of the Zuma case. / Law / LL.M. (Law)
|
38 |
The right to meaningful and informed participation in the criminal processCassim, Fawzia 30 November 2003 (has links)
The composite right to meaningful and informed participation in the criminal process comprises the right to information, the right to understand, the right to be prepared, the right to be present, the right to confrontation and the right to present one’s case. The sub-rights are not of an overarching nature such as the right to legal representation and the right of access to the law. The various rights are grouped together because they show some connection with the ability of the suspect or the accused to participate in the criminal proceedings as a legal subject, and not as an object of the proceedings as in primitive times. These rights ensure that the accused will not participate in the criminal process from an unfavourable position. The heading ‟meaningful and informed participation” is therefore a collective term for these rights. These sub-rights form part of the comprehensive right to a fair trial.
The thesis examines aspects of the position of the accused in South Africa and in foreign jurisdictions such as the United States of America, Canada, New Zealand, Australia, Germany, the United Kingdom and Islamic systems. International instruments such as the European Convention for the Protection of Human Rights and decisions of the United Nations Human Rights Committee are also considered. The thesis first considers the historical perspective of the accused in primitive times when he was regarded as an object of the criminal proceedings, to the present time when he is regarded as a subject of the proceedings. The study on foreign jurisdictions reveals that for the most part, our law is in line with the law of other countries. The study also demonstrates that the various rights are not absolute. In exceptional circumstances, some diminution of the accused’s rights is necessary to protect the interests of society. Nevertheless, the courts should act cautiously and not allow the exceptions to overtake the rule. The judiciary should strive to find a better balance between the constitutional rights of the accused and the interests of society. To this end, the judicial system must be objective yet vigilant. / Criminal and Procedural Law / LL.D.
|
39 |
A further look at S v Zuma (1995(4) BCLR 401 SA (CC))Lombard, Sulette 01 1900 (has links)
The Zuma case - important as the first decision of the Constitutional Court - is primarily
concerned with the constitutionality of section 217(l)(b)(ii) of the Criminal Procedure Act.
In trying to fmd an answer to this question, the Constitutional Court also addressed other
important issues.
In this dissertation the Constitutional Court's decision on the constitutionality of section
217(1)(b)(ii) is examined, as well as important general principles laid down by the Court
regarding incompetent referrals by the Supreme Court; constitutional interpretation; reverse
onus provisions and the right to a fair trial; as well as the application of the general limitation
clause.
A closer look is taken at adherence to these principles in subsequent Constitutional Court
decisions, and finally a conclusion is reached on the value of the Zuma case. / Law / LL.M. (Law)
|
40 |
Současný stav soudního tlumočení v České republice / Court Interpreting in the Czech Republic: the status quoDoušová, Lucie January 2012 (has links)
This thesis addresses the current state of court interpretation in the Czech Republic. The work consists of two parts, theoretical and empirical. The theoretical part describes EU legislation on court interpretation and projects that aim to improve the quality of court interpretation. The thesis also discusses the development of Czech legislation regarding court interpretation from its inception to the present and expands to expected future development in the field of court interpretation. Major institutions such as EULITA at the European level and KST ČR in the Czech Republic are alluded to in the work. The empirical part consists of research conducted by a questionnaire among court interpreters, judges and investigators. The aim of the research is to answer the question who the present Czech court interpreters are and what their co-operation with the judges and investigators is like.
|
Page generated in 0.061 seconds