Subordinate Courts Research Articles

An Analysis of Representative Speech Acts in Selected Subordinate Courts of Law in Kenya

An Analysis of Representative Speech Acts in Selected Subordinate Courts of Law in Kenya

Writs and Rights: A Comprehensive Study of Judicial Remedies in India

The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual's liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose.

Interpreting Legal Norms and Their Role in Criminal Justice Administration

The significance of the research lies in addressing the critical issue of judicial misinterpretation by the Supreme Court of the Republic of Kazakhstan, which is subsequently mirrored by subordinate courts, potentially infringing upon citizens' rights and freedoms. This study aims to thoroughly develop theoretical frameworks to enhance constitutional and legislative measures in Kazakhstan, thereby increasing the efficacy of legal norm interpretation and its impact on criminal justice administration. Utilizing analysis and comparative legal methods, this research examines various statutes and scholarly theories to ensure the theoretical and practical soundness, objectivity, and credibility of the findings. The investigation identifies legislative gaps, particularly in the Constitution of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan No. 480-V ―On Legal Acts‖ and administration of criminal justice, proposing amendments for legislative enhancement and advocating for the incorporation of case law into the Kazakh legal system

Problem With Appointment Of Constitutional Courts Judges: Collegium System

India the subordinate courts judges are appointed by public services commissions but the high courts and supreme court judges are appointed by collegium system which means the group of senior most judges. This article explain the extra constitutional nature of collegium system and it's problems.

'Cyclic syndrome' of arrears and efficiency of Indian judiciary.

The online version contains supplementary material available at 10.1007/s43546-022-00377-1.

The Fast-Track Divorce Method Used in Selangor Shariah Courts: Achievements and Challenges

The Selangor Shariah Justice Department’s (JAKESS) data shows that the state of Selangor has recorded the highest percentage of divorce applications compared to other states in Malaysia. Thus, delays in resolving divorce cases in Selangor Shariah Courts is nothing new to this state and this had led to an increase in backlogged cases that are being resolved at a sluggish phase. Therefore, JAKESS introduced the Fast-Track Divorce Method, or better known as fast-track divorce, at the end of 2014 as an alternative solution to this issue. Preliminary research found that the State of Selangor was the first state to adopt this method into its Shariah Judicial Administration system. Fast-track divorce is an innovation or improvement to the existing divorce settlement by mutual agreement process under Section 47 of the Selangor Islamic Family Law Enactment 2003. This study intended to identify the implementation of the fast-track divorce method practiced by the Selangor State Shariah Courts, challenges faced after this system was implemented as well as the reception received throughout the six years since its inception. This qualitative study adopted the document analysis and semi-structured interview methods for acquiring data, which were later analysed using descriptive methods. Findings show that the fast-track divorce method is a relevant and effective method in the Selangor State Shariah Subordinate Courts’ administrative system. JAKESS has several challenges, namely the negative perception of some parties regarding the Fast-Track Divorce Project, especially in the early stages of its introduction, customers’ non-compliance with the stipulated conditions and lastly, empowering the fast-track divorce method. However, this method has received recognition from various parties. Findings can also contribute towards enriching the academic literature for better public reading or act as a scientific reference since there is a lack of studies related to the fast-track divorce method.

EFFECTIVE IMPLEMENTATION OF ADR IN THE CIVIL JUSTICE SYSTEM OF BANGLADESH: A CRITICAL ANALYSIS

Alternative Dispute Resolution (ADR) has long played a significant role in the legal system of Bangladesh, particularly in the Civil Justice System. Before 2012, there was no mandatory provision regarding the settlement of disputes through mediation in the Code of Civil Procedure, 1908 (CPC). Mediation was an optional process to conduct civil proceedings under the Code of Civil Procedure (Amendment) Act, 2003. Since 2012, mediation has been mandatory in all civil suits and appeals. The main objectives behind this were to reduce the backlog of civil suits, relieve the pressure on the subordinate courts and ensure access to justice for everyone in an amicable manner. However, the outcomes of this amendment have yet to meet the ADR goals. Currently, it is quite apparent that the subordinate courts of Bangladesh are overloaded with millions of pending civil suits and criminal cases. At the same time, ADR has not yet been well developed in the criminal justice system of Bangladesh. Alternative Dispute Resolution is thus the finest option available in our country for achieving justice for everybody. There are several shortcomings in the ADR mechanism of Bangladesh, such as CPC does not provide any specific guidelines for the mediators, though mediation has been made compulsory in it. This paper examines some notable legal constraints on the way to ensure the effective implementation of ADR and offers some observations on ensuring access to justice for all population groups in Bangladesh.

Digitised Justice: The New Two Tiers?

Prevailing conditions of access to justice and due process in the Singapore courts are criticised through McBarnet’s two-tier lens and Carlen’s dramaturgical understandings of criminal court realities. More than an interest in the structural separation of the Singapore judiciary, the paper interrogates the dualism between the imagined workings of justice and the daily operational experience for users of the Singapore courts. The scene is set to understand ideologies of triviality and irrelevance and their impact on justice service delivery in subordinate courts where legal representation and offender participation are the exception. To speculate on novel influences of triviality and irrelevance through machine-learned automation, an audit of Singapore’s present-day court technologies and its increasingly digitised court processes and format is detailed in the second part. The administrative benefits of digitisation notwithstanding, the paper reasons that digitalisation motivated by convenience, cost-cutting and emergency exigencies presents additional dangers to justice access and due process delivery above those already at play. These further challenges are deciphered through considerations of how justice service delivery is depersonalised and routinised in disruptive digital models. Digitized justice suggests a new ‘two tiers’ duality between physical and virtual frames of service delivery and contestation. The ‘on-line’ screen shifts the theatre from the courtroom to the ‘zoom room’. This exploration of two tiers of justice and theatre of the courtroom re-imagined through digitisation offers the opportunity to appreciate and activate automated decision processes and data management as part of the solution, rather than conceding their exacerbation of the ‘injustice’ posed by this two tiers ideology and courtroom drama exclusionism.

Judicial System and Public Policy: Strategy for Expeditious Disposal of Backlog

This study aims to identify the causes of delayed justice in Karachi district courts and analyse the critical causes of delay that the Pakistani judicial and legal system is confronting daily. Article 37 (d) of the Constitution of the Islamic Republic of Pakistan emphasise speedy, expeditious and inexpensive justice. World Justice Project Rule of Law Index has ranked Pakistan 130 out of 139 countries on various parameters, including civil and criminal courts. This research makes a comprehensive analysis of civil and criminal litigation in Pakistan for delay reduction. Unfortunately, less has been done previously in Pakistan and especially equal to none of quantitative. This research will focus on the quantitative aspect regarding the rule of law. Moreover, this study used factor analysis to identify the top contributing factors that cause subordinate courts delays. The linear regression model is used to determine and test the directions of the independent variables. This research measures significance of these factors to reject the null hypothesis at a 5% interval level. Similarly, linear regression is used for the cost of litigation to identify the relationship between independent and dependent variables, which is the ”cost of each hearing”. The results show that unnecessary adjournments on frivolous grounds are the most contributing factor of the delayed justice and filing of the miscellaneous applications on frivolous grounds, lack of skills and standardised level of training of both advocates as well as learned judges.

Social reasons for and repercussions of judicial delays in Subordinate Courts of Karachi: the need for sociological analysis

Social reasons for and repercussions of judicial delays in Subordinate Courts of Karachi: the need for sociological analysis

DIGLOSSIA AND MULTILINGUALISM: A LANGUAGE CHALLENGE IN MACHAKOS SUBORDINATE COURTS

Human beings can acquire as many languages as they come in contact with, and utilize them as it is permissible and applicable in a society. This article seeks to explore language needs among the participants in the subordinate courts in Machakos County, in an attempt to figure out if those needs are attended to by the current language policy in the courts. The article is an extraction from a PhD study. The proficiency with which some of the participants use the languages they know makes their cases attract unjust ruling. To elicit information on the language needs they have during court proceedings, interviews, questionnaires and non-participant observation were used to carry out a descriptive qualitative and quantitative research. Thirteen defendants and defense counsels, thirteen witnesses and eighteen members of the public took the questionnaires, while three magistrates and clerks/interpreters attended the interviews. The researcher observed the proceedings. After triangulation of the data collected, the findings were that, the participants use the official languages, English and Kiswahili or interpretation of their indigenous languages. This is detrimental to their cases because they are not proficient in the languages. The interpreter is incapable of expressing the sentiments of the accused and the witnesses appropriately. Court participants need to use languages they know best in order to express their issues precisely. This article therefore recommends the use of a language that an accused or a witness cognizes. It also recommends the elevation of indigenous languages to official status within their area of dominance.
 
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Determinants of judges\u2019 career choices and productivity: a Polish case study

The goal of this paper is to identify factors which affect judges’ productivity and career choice motives with the view of increasing judicial efficiency. Specifically, the investigation focuses on such aspects as judges’ remuneration, promotion, threat of judgment revocation, service/mission, periodic assessment, the threat of a complaint about protracted proceedings or of disciplinary proceedings, the threat of destabilization of the employment relationship, status/prestige of the profession, power/authority, social recognition, leisure, as well as administrative supervision and self-monitoring. To this end, a survey was conducted among judges of three of the largest Polish regional courts and subordinate district courts. The descriptive and statistical analyses show that judges’ care for the number of cases resolved, proxying for their productivity, is significantly correlated with self-monitoring of their adjudication activity. The stability of employment, the status/prestige of the profession and a relatively high remuneration are the most important factors in terms of judges’ career choices. In their care for the number of cases resolved remuneration is, albeit, no longer a relevant factor. Judges monitor their productivity due to reasons other than remuneration, possibly the sense of service/mission and the threat of various adverse consequences, the evidence for which is, however, also rather weak.

Literary References in Obiter Dicta: A Study on Intertextuality in Legal Discourse

The courts around the world have been introducing reforms into judicial systems,and one of these is to improve the language of judgments in which the judges of superior courts add their comments and observations. This attached discourse resembles the obiter dicta, which often contains moral and ethical exhortations. It is to add the literary touch (i.e., from dramas,novels, poetry, etc.) to a legal decision so that the people easily understand the verdict.Obiter dicta of the higher courts is often taken as a reference by the subordinate courts. It is, therefore, very much obvious that every word articulated in a judgment would be weighed with paramount importance. This study explores how judges around the globe have utilized intertextuality in achieving these goals and discusses the advantages and disadvantages of this technique.

Challenges with the Introduction of All India Judicial Service Exams: Regards to Subordinate Courts

Although the proposal for all India judicial service exams (AIJS) was proposed by the law commission in 1950's. The Constitution of India was amended in 1977 to have an all India judicial services exams for the appointment of judges for subordinate courts. The paper is based on the 42nd Constitutional amendment act, due to which Article 312 of the Indian Constitution was amended which lays down the concept for the commencement of All India Judicial services exams. The research is based on analysing various challenges that are needed to be addressed before the introduction of all India Judicial Service exams for subordinate courts as it violates the basic principles and procedure relevant to the matters of judicial appointment . Furthermore the paper highlights the importance of judicial autonomy and judicial activism in the democratic system for the preservation of rule of law.

TOWARDS EFFECTIVE COURT- ANNEXED MEDIATION ON COMMERCIAL DISPUTES IN ZANZIBAR

Commercial activities in Zanzibar are developing every day. This development, however, contributes to the rise of disputes among its key players such as sellers, buyers, suppliers and consumers of goods or services. To ensure the commercial disputes are resolved effectively and speedily the government of Zanzibar has established a commercial court division at the High Court level to settle commercial disputes. One of the procedures of handling commercial disputes in commercial court is through court-annexed mediation. Thus, this paper examines the existing law governing the court-annexed mediation in Zanzibar as a way to find how far it can help to solve commercial disputes effectively without engaging in litigation. The methodology adopted in this paper based on the content analysis of legislations, decided cases, leading textbooks and journal articles. The study also uses a comparative method where necessary to address the study in question. The paper proposes some measures for improving existing court-annexed mediation in Zanzibar such as; amendment of Civil Procedure Decree, making court-annexed mediation compulsory, mediation at subordinate courts and public awareness on the court-annexed mediation.

Regulatory mechanisms combating judicial corruption and misconduct in India: a critical analysis

ABSTRACTThe paper examines regulatory mechanisms for combating judicial corruption and misconduct in India. It aims at a critical analysis of the regulatory mechanisms for both subordinate and higher courts. The study, inter alia, concludes that the regulatory mechanisms for subordinate courts lack conceptual clarity, suffer role ambiguity, and are bereft of functional autonomy; the powers and functions of these mechanisms are not clearly prescribed, and the procedures concerning complaints, inquiries and disciplinary actions are ad hoc. The mechanisms for subordinate courts are opaque, inaccessible, slow and ineffective. The paper also argues that the “in-house procedure” in the higher judiciary is inadequate, opaque, informal and judge-centric; it terms the “removal procedure” as rigid and ineffective. This paper recommends structural, organizational and functional reforms to strengthen regulatory mechanisms for the subordinate judiciary. For the higher judiciary, it proposes a constitutional body having adequate representation from a broad spectrum of the population.

Mediation in the Halls of Justice: Examining the Singapore Model of Mediation within the Subordinate Courts

The judiciary has played a substantial role in developing the mediation field in Singapore. In particular, the Subordinate Courts of Singapore was an early proponent of institutional mediation in the country and continues to be a major provider of mediation services through its judges and court staff. This paper considers the challenges and benefits of the current dominance of public sector provision of mediation. There will be a comparison of Singapore’s experience in the “halls of justice” with the US mediation scene. Our thesis is that the strengthening of the partnership between the courts and the other key players in the mediation scene, namely private sector providers, community groups and the academia, is critical to optimising the use of mediation and establishing a strong mediation culture in society.

HANDWRITING COMPARISON IN COURT TRIALS: A NEED FOR FORENSIC UPGRADATION

Handwriting comparison is of utmost importance as an evidence in courts as it works both in civil and criminal investigations and enquiries. The law of evidence in India recognizes the role of expert opinion but on the bases of its scientific reliability expert evidence is relied upon by the courts. This paper analyses the judgements of the High Courts and those of the subordinate courts to trace out the importance of handwriting comparison and find out the shortcomings in its process comparing questioned documents with the original/accepted documents. The objective is to identify the scope and areas needing further improvement in its technological or software terms. For this purpose, 10 reported relevant judgements of the High Courts and 36 cases of District courts have been scanned.

Alternative Dispute Resolution Mechanism for Ensuring Speedy Justice in India: A Conceptual Analysis and Legislative Framework

In a modern technologically and economically well advanced society, litigation is a primary means of resolving disputes. But, courts are clogged with cases and pendency is increasing every year in the subordinate courts. The reasons for the delay has been identified by high powered committee reports including Law commission of Indiaalso recommended changes in the procedural laws. The Hon'ble Supreme Court in plethora of cases identified the causes for the delay and at the recognised right to speedy justice as a fundamental right. Though the Supreme Court's interpretation of Article 21 was restricted to the applicability of right in all the stages of criminal cases, but not answered pertaining to extension of the right to civil cases. But, Article 21 is a uniform in ambit and extent i.e., any provision of law enshrined under any Act, which is not fair, just and reasonable, causes delay in the administration of justice, then it amounts to violation of right speedy justice. Though, the problem has been addressed from time to time and introduced necessary amendments in the procedural laws. Also measures such as establishing additional courts, use of court management systems, and use of ICT has been strengthened. But all these efforts has not been yielded considerable results and pendency is increasing throughout the country. Therefore, immediate, easy, inexpensive, fast justice is possible only by means of adopting alternative dispute resolution mechanisms. This paper examines the concept of ADR mechanisms, its development, and extent of application of the mechanisms to different categories of cases provided under various statutes along with the judicial reflections for proper implementation.

Recent legal aspects of medical negligence

In spite of following one of the best management strategies, by the competent doctors with best available infrastructures in patient care, undesired results harming the patient cannot be avoided. Does it mean all these undesired results causing damage to the patient are as a result of medical negligence? Nowadays, patients are more aware of their rights on account of increased literacy level, role of print, electronic and social media and above all enactment of new law i.e. Consumer Protection Act 1986.Though the question of medical negligence is decided by Courts, but Courts on their own are not trained in medical science. Their decision is based on expert’s opinion. Judges apply the basic principle of law in conjunction with the law of land to make a decision. Reasonableness and prudence are the guiding factors. This paper deals with the legal aspects of medical negligence i.e. what is negligence and its type and various judgements especially the Jacob Mathew vs. State of Punjab 2005 and Anr, Martin F.D’Souza vs. Mohd. Ishfaq 2009, V. Kishan Rao vs. Nikhil Super Specialty Hospital 2010 delivered by the Apex Court to make the law of negligence more rational and directions given to subordinate Courts, various Consumer Fora, State and investigating agencies regarding procedures to be followed before filing a complaint or registering a case of criminal negligence against the doctor.