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Puisne Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...
judges in
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 ...
sit on the High Court and the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
, but not on the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. 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 President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
on the nomination of the Judicial Service Commission, who must first consult the appropriate
Cabinet Minister A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, â ...
and the committee of the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
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. Accordingly, judges from the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, and
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, among other countries, have sometimes served on Fiji's courts. Puisne judges are appointed for terms between four and seven years, and are required to retire on the expiry of their term or at the age of 65, whichever event occurs sooner. The retirement age for puisne judges, unlike that of other judges, may not be waived. They are eligible, however, for subsequent appointment to other judicial positions, such as Justice of Appeal (including
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
),
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
justice, or Chief Justice. In addition, compulsory retirement at age 65 does not disqualify such a person from acting as a puisne judge on a temporary basis. Judges who are past retirement age may therefore be called out of retirement, from time to time, to temporarily fill vacancies or to act in the place of a judge who is absent or otherwise unable to perform his or her duties.


See also

* Constitution of Fiji: Chapter 9 (detailing the composition and role of the judiciary) {{DEFAULTSORT:Puisne Judge of Fiji Judiciary of Fiji