Essay writing classes collection;governmentalJurisdictions
Section 40 4 outlines the responsibility of the President for certain key issues:. For qualification to be elected President, a person should possess the following characteristics:. Section 54 1 creates the office of the Vice President who is the Principal Assistant to the President in the discharge of his executive functions. Section 56 1 of the Constitution provides for such other offices of Ministers and Deputy Ministers as may be established by the President with the proviso that no Member of Parliament shall be appointed as Minister or Deputy Minister.
Section 53 1 vests executive power in the President, which may be exercised by him directly or through Ministers, Deputy Ministers or Public Officers subordinate to him. The executive function embraces the direction of the general policy of the government. This includes the initiation of legislation, the maintenance of law and order and the promotion of social and economic welfare and to a large extent all administration though some public services are administered not by government departments but by local authorities and independent statutory bodies.
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The tenure of the Office of the President is dealt with in Section 46 1 of the Constitution. It is thereby provided that no person shall hold office as President for more than two 5-year terms, whether or not the terms are consecutive. Section 1 of the Constitution states that the judicial power of Sierra Leone shall be vested in the judiciary.
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These constitute the Superior Court of Jurisdiction. The inferior courts comprise the Magistrates courts and the Local courts. The Magistrates Courts exist in each district. Local courts administer customary law in provincial communities outside the Western Area. The administration of justice is the focal and foremost function of the judiciary. According to Section 2 , the judiciary has jurisdiction over all civil and criminal matters relating to Constitution and such other matters conferring jurisdiction on it by Parliament or under an Act of Parliament.
Section 3 stipulates that in the exercise of its functions, the judiciary shall be subject only to the Constitution or any other law and shall not be subject to the control or direction of any other person or authority. At the apex of the hierarchy of courts in Sierra Leone is the Supreme Court. Section 1 provides that the Supreme Court shall consist of the Chief Justice, not less than four Justices of Supreme Court and such other Justices of the superior court of judicature or of the superior courts in any state operating a body of law similar to Sierra Leone.
The Chief Justice may for the determination of any particular cause or matter request to sit in the Supreme Court for such period as the Chief Justice may specify or until the request is withdrawn. According to Section 3 the Chief Justice shall preside at the sittings of the Supreme Court and in his absence the most senior of the Justices of the Supreme Court as constituted for the time being shall preside.
The quorum of the Supreme Court shall not be less than three justices. The Supreme Court is the final Court of appeal in Sierra Leone and as such, appellate and other jurisdiction as may be conferred upon it by the Constitution or any other law. The Supreme Court has original jurisdiction to the exclusion of all other courts in two instances:. Section 1 provides that the Court of Appeal shall consist of the Chief Justice, not less than 7 Justices of the Court of Appeal and such other Justices of the superior court of judicature as the Chief Justice may for the determination of any particular cause or matter, request to sit in the Court of Appeal for such period as the Chief Justice may specify or until the request is withdrawn.
Section 2 provides that the Court of Appeal shall be duly constituted by any 3 Justices thereof. However, a single Justice of the Court of Appeal may exercise any power vested in the Court of Appeal not involving the decision on any cause or matter before the Court of Appeal save…:.
Section 1 grants the Court of Appeal jurisdiction to hear and determine appeals from any judgment, decrees or order of High Court of Justice or any Justice of the High Court and such other appellate jurisdiction as may be conferred upon it by the Constitution or any other law. The Court of Appeal is to be bound by its own previous decisions and Courts inferior to the Court of Appeal are bound to follow the decisions of the Court of Appeal on questions of law.
Section 3. Section 1 provides that the High Court shall consist of the Chief Justice, not less than 9 High Court judges and such other judges of the superior court of judicature as the Chief Justice may for the determination of any particular cause or matter, request to sit in the High Court for such period as the Chief Justice may specify or until the request is withdrawn. The High Court shall be duly constituted by any one judge of the High Court sitting with a jury.
The High Court of Justice has supervisory jurisdiction over all inferior traditional Courts in Sierra Leone and any adjudicating authority and in the exercise of its supervisory jurisdiction shall have power to issue directions, writs and orders, including the writs of habeas corpus, and other writs of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers.
According to Section of the Constitution, the President of Sierra Leone shall acting on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament, appoints the Chief Justice from among persons qualified to hold office as Justice of the Supreme Court. The other Judges of the Superior Court of Judicature are appointed by the President acting on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament.
Section 3 states that a person shall not be qualified for appointment as a Judge of the Superior Court of Judicature unless he is entitled to practice as Counsel in a Court having unlimited jurisdiction in civil and criminal matters in Sierra Leone or any other country with a system of law analogous to that of Sierra Leone or approved by the Judicial and Legal Service Commission and has been entitled as such Counsel in the case of appointment to:.
Judges of the Superior Court of Judicature may retire as a Judge at any time after attaining the age of sixty five years but shall vacate that office on attaining the age of sixty five years. Such jurisdiction is to be exercised by the Magistrate duly appointed to such courts.
These are provided for by Section 9 of the Courts Act of They sit in various magistrate courts as the Chief Justice decides. These tribunals are empowered to try any person subject to military law, in addition to offences against the general law which are applicable to all persons who join the army. A Court Marshall consists of the President and not less than 2 other Officers, but in the trial of an Officer or Warrant Officer, it should consist of at least 5 Officers. There is provision for a Judge Advocate to be appointed to advise the Court Marshall in matters of law and procedure and to advise the tribunal before it deliberates on its findings.
Jurisdiction of the Court Marshall. Court Marshalls have jurisdiction to try and punish persons subject to military law for 2 classes of offences created by the Republic of Sierra Leone Military Act Part V. There are cases where the matter goes straight from the High Court to the Supreme Court. In exercising the power of judicial review, the Courts are concerned about whether the actions of the government executive meet certain legal standards. The above roles are fused.enter
As Attorney General, the designated person is the principal legal advisor to the government, and as the Minister of Justice, is responsible for supervising the administration of Justice looking after the judiciary. The responsibilities of this Office include ensuring that the rule of law is upheld. The Sierra Leone legal system encompasses a combination of the Constitution, common law, statutory law and customary law.
A two-tiered system of Common Law based on the British system and local customary law characterizes the legal system. This is guaranteed under Section 74 of the Courts Act which states that subject to the provision of the Constitution, the common law and statutes of general application in England before the 1st day of January shall automatically be part of the common law of Sierra Leone. Sierra Leone has had a number of Constitutions since Colonial rule to date.
The first Constitution was that of when constitutional government was first introduced in Sierra Leone. This was followed by the and Constitutions. The Constitution was the first Constitution for an independent Sierra Leone.
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The subsequent Constitutions- the and Constitutions are referred to as the Republican and the One-Party Constitutions respectively. The current Constitution is Act No 6 of The Constitution is the supreme law of the land and all other laws are derived from and must conform to it. The Constitution can be accessed online.
In Sierra Leone, the ultimate legislator is Parliament. Section 73 of the Constitution establishes the Legislature.
It is provided therein that the legislature of Sierra Leone shall be known as Parliament and shall consist of the President, the Speaker and Members of Parliament. The legislative process, which is a somewhat long procedure, is provided for in the Constitution. Delegated Legislation. Some subordinate bodies are entrusted with certain powers by Parliament to make rules, regulations, orders and by-laws.
Essay Writing Classes Collection;Governmentaljurisdictions
Autonomic Legislation. There are some autonomous bodies and organizations that have powers to make their laws, guide their members and those affected by them. The Common law of Sierra Leone comprise the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity, and the rules of customary law including those determined by the Superior Court of Judicature.
In the Sierra Leone legal system, the common law was introduced to work alongside customary law and Statute law. It was well received abroad and at home. In the same year was published at London, my Enquiry concerning the Principles of Morals; which, in my own opinion who ought not to judge on that subject , is of all my writings, historical, philosophical, or literary, incomparably the best. It came unnoticed and unobserved into the world. In , the Faculty of Advocates chose me their Librarian, an office from which I received little or no emolument, but which gave me the command of a large library.
I then formed the plan of writing the History of England; but being frightened with the notion of continuing a narrative through a period of years, I commenced with the accession of the House of Stuart, an epoch when, I thought, the misrepresentations of faction began chiefly to take place. I was, I own, sanguine in my expectations of the success of this work.