HCL001 TOPIC 5 (final)

law, same as

Written constitution, statutes & common law

2 main reqs for functioning of courts

1-  STATUTORY reqs

 

2-  COMMON LAW reqs

4 statutory reqs

1. impartiality

2. fairness

3. openness

4. competent jurisdiction

impartiality

Court must be neutral, fair & independent

(Judges should not be biased and should follow the law)

Judges:

->neutral

->no outside infl

->must be fair

"not only justice must be done but seen to be done"

***There can never be a lawful decision by the courts if judges don't follow the law, comply w law, and interpret the law according to law

-        If decision by court is a fair (just/impartial/independent/neutral) decision, it is a decision that follows the law

fairness

Justice (doing the right thing)

-        Judges are obligated to follow the law

(can be no just decision if we don’t follow the law)

openness

Court must be open to public/always open to public

-        No children allowed in court “juveniles”

-        Must wear proper attire (dress well)

“regulations” = Tulafono faatonutonu

competent jurisdiction

right court must hear right case

“incompetent jurisdiction” = wrong court hearing wrong case

 

• Anything to do w constitution, can't be done at district court -> supreme court

• Divorce -> supreme court

• Matai title & customary land -> land & titles court

 

"decision is not authorised"

• Courts authorised by law & guided by law, must interpret according to law

4 common law reqs

1. rule against bias

2. fairness

3. openness

4. correct applic of law

rule against bias + significance

“natural justice” = rule of fair play

o   Judge must commit to administer justice w/o fear/favour

Sig: must do the right thing

define intra, ultra & extra vires

“intra vires” = within powers (when decision is just)

“ultra vires” = outside powers

“extra vires" = beyond powers

(any decision reached in contravention of natural justice is deemed void & ultra vires)

maxim nemo judex causa sua

no man may be a judge in his own cause

audi alteram partem

Hear the other side

correct applic of law + function of judges

judges of courts must apply the laws correctly

Function of judges: interpret the law according to law. Decisions guided by law

“judges” (& magistrates) = aka adjudicators

Head & run the court

(& investigation & hearing/trial)

  judges are judges of the LAW

assessors

in high profile case are judges of the FACTS

          (& assist judge in making the decision)

 

^”facts of a case” = an account of what exactly happened

“office of AG” core function

Provide legal advice to PM & cabinet

          (also prosecutes on behalf of police)

Lawyers from office of AG

“prosecutors”

          (rep police & victims in criminal cases – supreme court)

hm info

“police” aka officers of the courts

 

“court stenographers” = office of court who keeps record/takes note of court proceedings