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Bangladesh: Contempt of Court Ordinance Approved

(Mar. 2, 2008) On March 3, the Council of Advisers of the caretaker government of Bangladesh approved a draft law, the Contempt of Court Ordinance 2008, which is intended to remove confusing provisions in existing law pertaining to the power of courts to hold persons in contempt. The new ordinance will repeal the Contempt of […]

Bangladesh: Supreme Court Stayed High Court Judgment

(Mar. 2, 2008) The Appellate Division of the Supreme Court allowed the caretaker government of Bangladesh to file an appeal against the High Court's February 6, 2008 judgment on the extortion trial of former Prime Minister Sheikh Hasina, and stayed the High Court judgment that declared the trial illegal under the Emergency Powers Rules of […]

Armenia: Judicial Code Enters into Force

(Feb. 2, 2008) On January 1, 2008, the Judicial Code, which was passed by the Armenian legislature on April 28, 2007, entered into force. For the first time, a post-Soviet republic has adopted a legal act that includes all legislative norms regulating the principles and practices of the judiciary and that establishes new, revolutionary norms […]

Greece: Early Retirement and Removal of Judges from the Judiciary

(Feb. 2, 2008) Under the Greek Constitution, judges are appointed for life, with a mandatory retirement age of 65 for all judges up to the rank of Court of Appeals Judge or Court of Appeals Deputy Prosecutor. For those of a higher rank, retirement is mandatory at 67. A new law on the early voluntary […]

Swaziland: Criminal Justice System

(Feb. 2, 2008) Seven months after his appointment as Chief Justice of Swaziland, Richard Banda acknowledged the existence of "too much corruption" in the country's judiciary. Speaking about the setbacks experienced in the year 2007, he disclosed that serious corruption allegations have been made against individuals working in all branches of the criminal justice system, […]

Bangladesh: Ordinance to Appoint Supreme Court Judges

(Feb. 2, 2008) On January 29th 2008, the Advisory Council of the Bangladesh Government approved the Supreme Judicial Commission Ordinance 2008, which specifies procedures for the appointment of judges to both the Appellate Division and the High Court Division of the Supreme Court. The Supreme Judicial Commission is a nine-member body headed by the Chief […]

Bangladesh: Lawyers’ Fury Scares Judges

(Jan. 2, 2008) On November 30, 2006, irate members of the Bangladesh Supreme Court Bar stormed the courtroom of the Chief Justice of Bangladesh to protest his issuance of an order staying the proceedings of three politically sensitive writ petitions challenging President Iajuddin Ahmed's assumption of the office of head of the caretaker government. The […]

Pakistan: Order Curtails Supreme Court Powers

(Jan. 2, 2008) On December 4, 2007, the Supreme Court of Pakistan refused to entertain a petition against amendments made to the Pakistan Electronic Media Regulatory Authority Ordinance (PEMRA), on the grounds that the scope of article 184(3) of the Constitution, under which the plea had been filed, had been curtailed under the Provisional Constitution […]

Austria: Proving Foreign Law

(Nov. 2, 2007) In a recent decision, the Austrian Administrative Courts reiterated that the parties in administrative proceedings may have an obligation to prove foreign law, if finding the foreign law would be burdensome for the deciding Austrian agency. The latest of these decisions was issued by the Austrian Administrative Court on May 23, 2007 […]

China: Law of Civil Procedure Amended

(Nov. 2, 2007) On October 28, 2007, the Standing Committee of the National People's Congress passed amendments to China's Law of Civil Procedure, the first revision of the law since its adoption in 1991. Two of the key changes are to facilitate applications for a retrial and to increase the effectiveness of execution of judgments. […]