Supreme Court Of Fiji
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Supreme Court Of Fiji
The Supreme Court of Fiji is one of three courts established by the now-defunct Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be ''"the final appellate court of the State"'' – in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the appellate functions formerly performed by the United Kingdom's Judicial Committee of the Privy Council before Fiji became a republic in 1987. The Constitution gave the Supreme Court exclusive jurisdiction to hear and determine appeals from all final judgements of the Court of Appeal. Cases could not be brought before the Supreme Court by individuals; only the Court of Appeal could decide to refer a case to it, or the Supreme Court could, in its own judgement, decide to hear an appeal. This court has the power to review, vary, affirm, or discard decisions of the Court of Appeal, may order retrials, and m ...
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Fiji
Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists of an archipelago of more than 330 islands—of which about 110 are permanently inhabited—and more than 500 islets, amounting to a total land area of about . The most outlying island group is Ono-i-Lau. About 87% of the total population of live on the two major islands, Viti Levu and Vanua Levu. About three-quarters of Fijians live on Viti Levu's coasts: either in the capital city of Suva; or in smaller urban centres such as Nadi—where tourism is the major local industry; or in Lautoka, where the Sugarcane, sugar-cane industry is dominant. The interior of Viti Levu is sparsely inhabited because of its terrain. The majority of Fiji's islands were formed by Volcano, volcanic activity starting around 150 million years ago. Some geo ...
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Chapter 9
Chapter Nine refers to a ninth chapter, but the term could also refer to: *'' Chapter 9 (American Horror Story)'', 2016 episode of ''American Horror Story'' * " Chapter 9: The Marshal", an episode of the second season of ''The Mandalorian'' *Chapter 9, Title 11, United States Code, chapter of the United States Bankruptcy Code *Chapter nine institutions Chapter Nine Institutions refer to a group of organisations established in terms of Chapter 9 of the South African Constitution to guard democracy. The institutions are: * the Public Protector * the South African Human Rights Commission (SAHRC) * t ...
, group of organisations {{disambiguation ...
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1997 Constitution Of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 ''coup d'état'' led by George Speight. Background The Constitution of the Republic of the Fiji Islands dates from 1997. It is Fiji's third Constitution. The first, adopted in 1970 upon independence, was abrogated following two military coups in 1987. A second constitution was adopted in 1990. Its discriminatory provisions, which reserved the office of Prime Minister and a built-in majority in the House of Representatives for indigenous Fijians (although they were at that time a minority of the population) proved very unpopular with the Indo-Fijian community, which comprised almost half the country's population, and in the mid 1990s the government agreed that it should be rewritten. Constitutional process In 1995, President Ratu Sir Kamisese Mara appointed a three-m ...
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High Court Of Fiji
The High Court of Fiji is one of three courts that was established by Chapter 9 of the 1997 Constitution of Fiji — the others being the Court of Appeal and the Supreme Court. The Constitution empowered Parliament to create other courts; these were to be subordinate to the High Court, which was authorized to oversee all proceedings of such courts. The High Court had unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution. The High Court consists of the Chief Justice and at least ten (and no more than eighteen) puisne judges. Parliament may also allow for junior judges, called Masters of the High Court, to sit on the High Court. Section 129 of the Constitution declares that ''"A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal."'' As the membership of the High Court overlaps to a large ...
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Court Of Appeal Of Fiji
The Court of Appeal of Fiji is one of three courts that were established by Chapter 9 of the 1997 Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it. The Constitution authorizes the Court of Appeal ''"to hear and determine appeals"'' from all judgements of the High Court. From time to time, other powers may be assigned to this court by law. The Court of Appeal is chaired by the President of the Court of Appeal. The Chief Justice is not permitted to hold this position; the Court of Appeal is the only court from which the Chief Justice is constitutionally barred from membership. This is to give the Court of Appeal a measure of independence from the other courts. Also members of the Court of Appeal are the puisne judges, at least ten in number (who also sit on the High Court), and persons specifically appointed as Justice of Appe ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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President Of Fiji
The president of Fiji is the head of state of the Republic of Fiji. The president is appointed by the Parliament for a three-year term under the terms of the 2013 Constitution of Fiji. Although not entirely a figurehead, the role of president in the government is largely ceremonial, but there are important reserve powers that may be exercised in the event of a crisis. In addition, the president is the commander-in-chief of the Republic of Fiji Military Forces. History of the office The office of the president was established following two military coups in 1987 that led to the proclamation of a republic on 7 October, ending the Fijian monarchy. Major-General Sitiveni Rabuka, who had masterminded the coups, formed an interim military government with himself as its head. He did not, however, take the title of president, and on 5 December appointed Ratu Sir Penaia Ganilau, the last governor-general, as the first president of the republic. A civilian putsch instigated by G ...
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Cabinet Of Fiji
The Cabinet of Fiji is a Government body of Ministers appointed by the Prime Minister of Fiji and responsible to the Parliament of Fiji. The Cabinet's constitutional basis is sections 90 to 96 of the 2013 Constitution of Fiji. Cabinet consists of the Prime Minister as chair and a number of Ministers. With the exception of the Attorney-General, they must be members of Parliament. Ministers hold office at the pleasure of the Prime Minister, or until they resign or cease to be MPs. The cabinet is responsible to Parliament. Ministers must provide regular reports to Parliament on their areas of responsibility and must appear before Parliament or any committee on a request to answer questions about their areas of responsibility. Prior to the 2006 Fijian coup d'état and the 2009 Fijian constitutional crisis, Fiji's Cabinet was governed by the 1997 Constitution. An unusual feature of the constitution was to require a compulsory coalition cabinet, with every political party with mor ...
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Chief Justice Of Fiji
The chief justice is Fiji's highest judicial officer. The office and its responsibilities are set out in Chapter 5 of the 2013 Constitution of Fiji. The Chief Justice is appointed by the President on the advice of the Prime Minister Prime Minister, who is required by the Constitution to consult the Attorney-General (Section 106-1). Under the previous 1997 Constitution, the Prime Minister was required to consult with the Leader of the Opposition. The appointment is permanent, until the Chief Justice reaches the age of 75 years (Section 110-1). Like other judges, the Chief Justice need not be a Fijian citizen. When Sir Timoci Tuivaga retired in 2002, there were calls from the Citizens Constitutional Forum (a pro-democracy, human rights organization) for a foreigner to be appointed, to restore the independence of the judiciary that had been seen to be politically compromised by the 2000 coup. The government, however, appointed Fijian Daniel Fatiaki. In 2007, the military-backe ...
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Justice Of Appeal (Fiji)
Justices of Appeal in Fiji are judges who sit on the Court of Appeal and on the Supreme Court, but not on the High Court. Justices of Appeal are appointed by the President on the nomination of the Judicial Service Commission, which is required to consult first with the appropriate Cabinet Minister and with the committee of the House of Representatives overseeing the administration of justice. A Justice of Appeal is required by the Constitution to be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or a past or present senior judicial officer in Fiji or another country prescribed by Parliament. The judiciary is the only branch of government from which non-citizens are not excluded. This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law. Accordingly, judges from the United Kingdom, Austra ...
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Puisne Judge Of Fiji
Puisne judges in Fiji sit on the High Court and the Court of Appeal, but not on the Supreme Court. According to the now-abrogated Chapter 9 of the Fijian 1997 Constitution, there must be a minimum of ten puisne judges, who are appointed by the President on the nomination of the Judicial Service Commission, who must first consult the appropriate Cabinet Minister and the committee of the House of Representatives responsible for the administration of justice. A puisne judge must be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or one who holds or has held a high judicial position in Fiji or another country prescribed by Parliament. The judiciary is the only branch of government from which non-citizens are not excluded. This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law. According ...
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Law Of Fiji
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Alternative dispute resolution, alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of ...
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