POLI 378 Lecture Notes - Lecture 4: Mixed Courts Of Egypt, Judicial Independence, Admiralty Law
22 Sep 2018
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Document Summary
Appeals courts in provinces are not superior courts as provided for in s. 96 of the constitution. Therefore, only provincial governments can appoint their judges. Integrated or mixed courts by virtue of the constitution are courts which operation (administration) requires the involvement of both federal and provincial governments. In maritime bank case, the judicial committee of the privy council ruled that by equal sovereignty a provincial government is entitled to appoint on s. 96 courts as well as on s. 92 courts. Power to appoint: historically, the king was known to be the fountain of justice; the king is the figure of the executive. In some countries, justice is rendered in the name of the nation (france), but the appointment is still executive-made. Factors that determine appointment: competence/merit based, relates to the education, the experience, personal characteristics and legal competence of the candidate, patronage, judges chosen on the bases of who they know, especially in the government or in political parties.
