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Supreme Court Of Nauru
The Supreme Court of Nauru was the highest court in the judicial system of the Republic of Nauru till the establishment of the Nauruan Court of Appeal in 2018. Constitutional establishment It is established by part V of the Constitution, adopted upon Nauru's independence from Australia in 1968. Art. 48 of the Constitution establishes the Supreme Court as "a superior court of record", with jurisdiction prescribed constitutionally and by law. Art.49 stipulates that the Chief Justice is appointed by the President and sits with other justices, likewise appointed by the President, whose number is to be determined by law. Only barristers and solicitors who have been practising for at least five years may be appointed to the Supreme Court. Articles 50 and 51 prescribe that a Supreme Court judge vacates his or her office upon attaining the age of 65 (unless that age limit be amended by legislation), or upon being removed for incapacity or misconduct by a motion adopted by at least t ...
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Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ...
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Law Of Australia
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealt ...
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Law Of England And Wales
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom legislation, statutory law and established principles which are derived from the Ratio decidendi, reasoning from Precedent, earlier legal case, decisions. Equity (law), Equity is the ...
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Law Of Nauru
Nauruan law, since Nauru's independence from Australia in 1968, is derived primarily from English and Australian common law, though it also integrates indigenous customary law to a limited extent. Nauruan common law is founded mainly on statute law enacted by the Parliament of Nauru, and on precedents set by judicial interpretations of statutes, customs and prior precedents. Sources Nauruan law comprises a "number of Ordinances from the pre-independence administration which are still in force; certain laws of the United Kingdom, Papua New Guinea and Australia which have been adopted by Nauru and are still in force; Acts of Parliament passed since independence in 1968; Regulations; precedents of the Supreme Court of Nauru; and customary law". Article 85 of the Constitution stipulates that law in existence at the time of independence continues to be applied until amended or repealed by Parliament. Constitution The Constitution of Nauru, adopted in 1968, establishes itself as the ...
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Government Of Nauru
The politics of Nauru take place in a framework of a parliamentary representative democratic republic, whereby the President of Nauru is the head of government of the executive branch. Legislative power is vested in both the government and the parliament. The Judiciary is independent of the executive and the legislature. Political conditions Economy Nauru's economic viability has historically rested on its phosphate reserves. Phosphate has been mined on the island since 1906. After its independence in 1968, this small Pacific nation generated healthy revenues from this lucrative—but finite—resource. The phosphate supply has been largely exhausted in recent years, and the economy has declined since its peak near 1980. Offshore banking In this regard, the government has tried to develop the island into an offshore financial centre, imitating the success of the Bahamas and other island nations around the world that have emerged as major offshore banking centres. The gover ...
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Court Of Appeal (Nauru)
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordin ...
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David Adeang
David Waiau Adeang (born 24 November 1969) is a Nauruan politician, former Speaker of the Parliament of Nauru, and Nauru's Minister of Finance and Justice, as well as the Minister Assisting the President of Nauru. He is a founding member of the Naoero Amo (Nauru First Party), currently the only successful political party on the island. Background and early career David Adeang's father is Kennan Adeang, who served three times as President of Nauru. David Adeang began his political career as a lawyer. After all Ubenide seats had been vacated on 6 November 2001, Adeang won a seat in the following by-election, ousting Joseph Hiram while the other three previous MPs regained their seats. In the parliamentary elections of May 2003, amidst political and economic turmoil, the Naoero Amo won 3 of the 18 seats, and Adeang was one of the elected members. The Naoero Amo entered a coalition with Ludwig Scotty and his supporters. Scotty became president and Adeang became minister of finan ...
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Baron Waqa
Baron Divavesi Waqa (; born 31 December 1959) is a Nauruan politician who was the 14th President of Nauru from 11 June 2013 until 27 August 2019. He previously served as Minister of Education from 2004 to 2007. Political role Waqa was elected in the May 2003 elections to the Parliament of Nauru, representing the constituency of Boe. Under President Ludwig Scotty, he served as Minister of the Interior and of Education; however, he had to leave the post upon Scotty's replacement by René Harris. He kept his seat in Parliament. On 23 April 2004, Waqa and his colleagues Kieren Keke, David Adeang and Fabian Ribauw participated in protests at the Nauru International Airport in Yaren; these were meant to show displeasure regarding government policy against Afghan asylum-seekers in Australia and the Flotilla of Hope, as well as against the deadlock then encountered in Parliament. All four faced up to fourteen years in jail because of their participation in the protest; charges were ...
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Australian Law Reform Commission
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC is part of the Attorney-General's portfolio; however it is an independent statutory authority constituted under the ''Australian Law Reform Commission Act 1996'' (Cth), and the ''Public Governance, Performance and Accountability Act 2013'' (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. The ALRC's objective is to make recommendations for law reform that: * bring the law into line ...
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