explain the jurisdiction of the constitutional court?

02/12/2020
explain the jurisdiction of the constitutional court?

With the promulgation of the Constitution in 2010, the Court has been conferred the jurisdiction to interpret the Constitution, on matters falling within its jurisdiction. Any matter regarding the enforcement of Fundamental Rights comes under the Original Jurisdiction of the Supreme Court. Thi… It deals exclusively with constitutional matters - those cases that raise questions about the application or interpretation of the Constitution. The press may attend hearings and cameras in fixed positions are usually allowed in Court throughout a hearing. The Supreme Court of Bangladesh comprises the Appellate Division and the High Court Division. Constitutional jurisdictions of High Court, http://www.law.emory.edu/ifl/legal/bangladesh.htm, http://www.nationsencyclopedia.com/Asia-and-Oceania/Bangladesh-JUDICIAL-SYSTEM.html, http://en.wikipedia.org/wiki/Law_of_Bangladesh, http://www.banglapedia.org/httpdocs/HT/H_0114.HTM, http://www.lawyersnjurists.com/articles-and-assignment/reference-jurisdiction-of-supreme-court-and-evaluation/, http://123.49.57.252/index.php?visit=servicecharter/page, http://www.pmo.gov.bd/pmolib/constitution/part6.htm, THE EUROPEAN UNION’S DECISION MAKING PROCESSES IS DEMOCRATIC, THE CONCEPT AND USEFULNESS OF THE COLOUR TRADEMARK AND THE MERE COLOUR RULE, REDUNDANCY OF THE LAW OF PASSING OFF AND THE LAW OF REGISTERED DESIGNS, IMPACT OF EU TRADE SECRET DIRECTIVE ON SPORT, ROLE OF RESEARCH DESIGN IN SOCIO-LEGAL RESEARCH. They vary depending on the nature and stage of the proceedings involved. Each party submits written submissions before the date of argument so that the judges can familiarise themselves with the case and the position taken by each party. Only the Constitutional Court may: decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state;    decide on the constitutionality of any parliamentary or provincial Bill;    decide on the constitutionality of any amendment to the Constitution; and    decide that parliament or the president has failed to fulfil a constitutional obligation. It is during these periods that the Court has public hearings. All the power come thorough well defined constitutional law. Courts Jurisdiction. Once consensus is reached, the judgments are thoroughly checked. They ca… According to Section 2(g)of the Code of Criminal procedure(hereinafter referred to as CrPc), “inquiry” is defined as “every inquiry, which does not come under the definition of trial, which is looked into by either the court of a Magistrate, or by any other Court so authorized under the Code Of Criminal Procedure. Transfer of cases from subordinate courts to High Court Division, If the High Court Division is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which in necessary for the disposal of the case, it shall withdraw the case from that court and may-. Government officials should not to be allowed to undermine the Constitutional jurisdiction of the High Court, emphasised the Madras High Court on Thursday while pulling up a Labour Commissioner for failing to comply with its earlier order, apart from his empty apology (K Yogaraj v Commissioner of Labour and anr). It hears appeals from orders, decrees and judgments of subordinate courts and tribunals. Labour Rights, Social and Economic Rights, have been enshrined in the Constitution. The jurisdiction and functions of these courts are governed by the Family Courts Act 1985. It has both appellate as well as original jurisdiction. Similarly, a person may apply for the confirmation of an order of invalidity within 15 days of the making of the order. The High Court of Calcutta had all Bengal jurisdictions even after the partition of Bengal in 1905. Constitutional Court: The highest court on all constitutional matters. Under the Government of India Act of 1935 every province got a High Court and a Federal Court at the centre. The Supreme Court acts as a court of appeal, the sentinel of the Constitution and also has advisory jurisdiction. It has a much wider jurisdiction than the highest court in any other federation. The High Court Division, in special circumstances, has also powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Accessed on November 11, 2011. The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. Retrieved from http://www.lawyersnjurists.com/articles-and-assignment/reference-jurisdiction-of-supreme-court-and-evaluation/ on November 11,2011. These decisions are an important source of law. Decisions of the Supreme Court of Appeal are binding on all lesser courts and the decisions of the High Courts (which used to be known as the Supreme Courts) are binding on Magistrates' Courts within their areas. Since the Court may only hear constitutional matters, an applicant must show that the case concerns a constitutional matter. At the moment there are 10 High Courts: the Cape of Good Hope; Eastern Cape; Northern Cape; Free State; Kwa-Zulu Natal; Transvaal; Transkei; Ciskei; Venda and North-West. ; university publication. ADVERTISEMENTS: The High Courts of India: Composition, Appointment of Judges and other Details! So the source of power or jurisdiction of the High Court Division can be divided in two categories. (ii) requiring a person holding or purporting to hold a public office to show under whatauthority he claims to hold that office. [10] 6. [3] Retrieved from http://en.wikipedia.org/wiki/Law_of_Bangladesh. Matters are referred to it from the Supreme Court of Appeal or the High Court. By applying this power the High Court Division re examinees the decisions of its subordinate courts. (1) There shall be a Supreme Court for Bangladesh (to be Known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division. Researchers all over the world have the access to upload their writes up in this site. The jurisdiction of a court is derived from constitutional provisions or from statute. In terms of rule 12, the Chief Justice may dispense with the usual requirements for applications, including deadlines. It hears appeals from orders, decrees and judgments of subordinate courts and tribunals. This procedure is ordinarily permitted only in exceptional circumstances. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions.[9]. The Constituent Assembly amended the Act of 1935 in 1954 and provided that every High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority, including in appropriate cases any government within these territories writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari or any of them (Section 223A). It refers such kind of jurisdiction that is conferred on the High Court Division by any ordinary law other than the constitution which may be of the following types: “Original Jurisdiction means a court power to hear and decide a matter as the first instance before any other court where it can take a case or suit as court of first instance. If consent to your admission as an amicus has been received from the parties in the matter, such written consent must be lodged with the registrar within five court days of it having been obtained. Writ of Habeas Corpus is a legal remedy for the person illegally detained by the government authorities or some individual. [1] Jurisdiction is limited to civil suits, and any criminal offences that arise in the context of civil cases come under the jurisdiction of Criminal or Magistrates Courts. Its jurisdiction can be divided under the heads, viz. Section 165 says the judicial authority of South Africa is vested in the courts, which are independent and subject only to the Constitution and the law. [2] Retrieved from http://www.nationsencyclopedia.com/Asia-and-Oceania/Bangladesh-JUDICIAL-SYSTEM.html. As for direct access, section 167 of the Constitution allows a person, "when it is in the interests of justice and with leave of the Constitutional Court", to bring a matter directly to the Constitutional Court; or to appeal directly to the Constitutional Court from any other court. This jurisdiction includes cases created by a federal statute, and extends to matters in which a federal issue is properly raised as part of a claim or of a defence and to matters where the subject matter in dispute owes its existence to a federal statute. Accessed on November 11,2011. (3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division and the other Judges shall sit only in the High Court Division. The Supreme Court’s jurisdiction is established in Article III, Section 2 of the U.S. Constitution and further defined by federal law. The judiciary is organized at two levels, with subordinate courts and a Supreme Court with Appellate and High Court Divisions. [8] Retrieved from http://123.49.57.252/index.php?visit=servicecharter/page. Bangladesh seceded from Pakistan in December 1971. Please note also that all time limits are expressed in court days and that Saturdays, Sundays and public holidays are excluded when counting court days. The Court's hearings are open to the public. If a dissenting judgment has been written, the justices will begin to indicate which judgment they will follow and why. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. Chapter 8 of the final Constitution, entitled "Courts and Administration of Justice", sets out the structure of South Africa's court system and defines the role of each court. As per article 32, Supreme Court is the guardian / protector of fundamental rights and any person whose fundamental rights are violated can directly approach the Supreme Court for remedy. Accessed on November 11,2011. Superintendence and control over courts, The High Court shall have superintendence and control over all courts subordinate to it.”[13], (a)    either dispose of the case itself; or, (b) determine the question of law and return the case to the court from which it has been so withdrawn (or transfer it to another subordinate court) together with a copy of the judgement of the division on such question, and the court to which the case is so returned or trnasferred shall, on receipt thereof, proceed to dispose of the case in conformity with such judgement” [14]. Now East Bengal, as a province of Pakistan, got a High Court in Dhaka, the capital of the province. If any judge is absent for a long period or a vacancy arises, an acting judge may be appointed. +27 11 359-7400 Original Jurisdiction: Article 131 of Indian Constitution provides for original jurisdiction that deals … All courts in South Africa have to apply the Constitution and the law "without fear, favour or prejudice" - section 165. If there are disagreements about the decision or the route taken in reaching it, the judge who disagrees with the main writer will prepare to write a concurrence or dissent. They are, to a large extent, constitutional rules. It has rule making power for regulating the practice and procedure of each division and of any Court subordinate to it. So its jurisdiction - the scope of its authority to hear cases - is restricted to constitutional matters and issues connected with decisions on constitutional matters. It is seated in Johannesburg and matters are heard by … It can hear and decide an appeal against any decision of a High Court. The High Court dispensed justice according to a uniform system of civil procedure code, criminal procedure code and Penal Code. A decision of a High Court in one division is not binding on another, but in practice has strong persuasive force. Who May Apply – the courts in various cases has ruled that the writ petition of Habeas Corpus can be filed by the prisoner or detainee himself/herself or by any other person who is aware of the merits of the case, and i… The High Court Division shall have Superintendence and control over all Courts and tribunals subordinate to it.[4]. With other courts and tribunals it. [ 2 ] well as original jurisdiction matter will come original! The limited number of matters over which it has a High Court derived... Where he or she stands for one High Court of appeal or the High Court Division the... 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