Richard Ekins 15 May 2019 7:01 AM 15 May 2019 7:01 AM Share Twitter Facebook LinkedIn Email Whatsapp In our tradition, courts do not and should not stand in judgment over parliament. It is for parliament, in conversation with the people, to choose what the law should be and the duty of courts is to uphold those choices. In the years before the UK decided to leave the EU, some judges reasoned that the constitution had evolved to the point where parliamentary sovereignty was redundant. They suggested it was time for judges to assert a power to quash laws they thought were unjust or unprincipled. Their view was always legal nonsense, and it is very unlikely that a British court will attempt to strike down a statute anytime soon. However, even if our judges are, thankfully, less mighty than their North American or continental European counterparts, the expansion and misuse of judicial power still puts the balance of the constitution in doubt. Two cases to … [Read more...] about Do our Supreme Court judges have too much power?
The UN court building in The Hague. Photo: Wikimedia/Julian Nitzsche. Serbian Radical Party MP Vjerica Radeta told BIRN that she and her party colleague Petar Jojic will not go to the The Hague voluntarily to face trial for contempt of court, despite the latest ruling by the UN’s Mechanism for International Criminal Tribunals. The Mechanism for International Criminal Tribunals said on Tuesday that it will return the legal proceedings against the two ultranationalist politicians from Belgrade to The Hague because witnesses were unwilling to reveal information to the Serbian authorities out of fear for their lives and safety. It called for their immediate arrest. But Radeta declared that whatever the Serbian authorities decide to do about the case was “not my problem”. “I will not contact anyone from state institutions regarding the decision; I simply don’t care about it,” she said. Jojic and Radeta are charged with contempt of the Hague court by … [Read more...] about Wanted Serbian Radicals Reject Hague Court Summons
Employers in the European Union must implement a system that records the amount of daily time worked by their employees, according to a new European Court of Justice ruling, which stemmed from a lawsuit against Deutsche Bank that was first brought before the Audiencia Nacional, the National High Court of Spain, by the Spanish trade union, Federación de Servicios de Comisiones Obreras (CCOO). According to the Spanish trade union, setting up such a system that records the amount of time worked each day is mandatory under the Charter of Fundamental Rights of the European Union and the Working Time Directive. The failure to create a system that tracks the numbers of hours worked makes it impossible to reliably determine when specific work was done and if any overtime was accrued. The ECJ believes that being able to track the workflow of each individual will help guarantee that employers are complying with the EU’s labour laws. Share on FacebookShare on … [Read more...] about European court says employers must to track working hours
It is alleged that on May 8, 2019, at Qeleya Road in Lami, Raiwalui murdered New Zealand national Ashkan Farsani Rikthegazader. Mr Rikthegazader was a businessman involved in the export of agricultural produce. Rusiate Raiwalui (middle) escorted by Police officers outside court on May 14, 2019. Photo: Ronald Kumar A 32-year-old unemployed man of Lami facing a murder charge appeared yesterday in the Suva Magistrates Court. Rusiate Sogotubu Raiwalui appeared before Magistrate Deepika Prakash. It is alleged that on May 8, 2019, at Qeleya Road in Lami, Raiwalui murdered New Zealand national Ashkan Farsani Rikthegazader. Mr Rikthegazader was a businessman involved in the export of agricultural produce. Mr Rikthegazader was staying at a hotel in Suva and was identified by a friend. He was found near the Accident and Emergency Ward at the Colonial War Memorial Hospital in Suva with stab wounds and attempts by … [Read more...] about Murder Accused Fronts Court
Dr Buimaitotoya was a tenant in a property, which was held by Dr Sharma through a trust. In the spotlight... Dr Isireli Biumaitotoya. A Nadi-based doctor has been ordered by High Court to pay another medical professional $70,000 in general damages and $29,400 in interest for defaming the latter in an email message. Doctor Isireli Biumaitotoya, who is also known as Leli Darling on his very popular Facebook page, defamed his former landlord Dr Uma Sharma when he emailed lies about Dr Sharma to 144 doctors. Dr Buimaitotoya was a tenant in a property, which was held by Dr Sharma through a trust. After Dr Sharma evicted Dr Biumaitotoya, the latter emailed other doctors lies that Dr Sharma’s property may go into receivership and that Dr Sharma was a landlord from hell. This matter was first filed at the High Court in Lautoka in 2012. Justice Jude Nanayakkara delivered his ruling on this on May 7. Dr … [Read more...] about High Court Orders Doctor To Pay Fine, Close To $100K