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Comparative Politics and Government


                    Notes          The Privy Council
                                   The international jurisdiction of the Privy Council of the time when it acted as the final court of
                                   appeal throughout the British Empire, in each case applying the law of the jurisdiction from which
                                   the appeal came, remains for some Commonwealth Countries, the Channel Islands, the Isle of Man
                                   and the British Overseas Territories.
                                   The Privy Council also has some domestic jurisdictions, principally concerned with final appeals in
                                   matters relation to professional discipline for medical practitioners, dentists, opticians, veterinary
                                   surgeons, osteopaths, chiropractors and professions supplementary to medicine.
                                   A new jurisdiction for the Privy Council is related to devolution issues (questions relating to the
                                   competences and functions of the legislative and executive authorities established in Scotland and
                                   Northern Ireland, the competence and functions of the Assembly established in Wales).





                                            What do you mean by ‘Old Bailey’?

                                   Judicial System of Russia

                                   The Russian Constitution has made an achievement by making provisions for the independence of
                                   judiciary. Art. 118 says that the administration of justice shall be vested in the courts. Judicial authority
                                   shall cover civil, criminal, administrative and constitutional varieties. The creation of special or
                                   extraordinary courts shall not be permitted. The judicial system is established according to the terms
                                   of the Constitution and federal laws. With a view to maintain independence of judiciary these
                                   provisions have been made:
                                   1.   The judges shall be the citizens of the Russian Federation, be above, 25 years of age, must have
                                        higher qualifications in law and have served in the legal profession for not less than five years,
                                        the federal law may require additional requirements.
                                   2.   The judges shall be independent.  They shall have the power to examine the validity of any act
                                        or of a law in the event of its conflict with the provisions of the Constitution and thereby hold
                                        supremacy of law.
                                   3.   More important is the provision that the judges shall be irremovable. The powers of a judge
                                        may be terminated or suspended only on the grounds of and in accordance with the procedure
                                        established by law.
                                   4.   The judges shall be inviolable. As such, a judge cannot face criminal liability otherwise than in
                                        accordance with the procedure established by federal law.
                                   5.   The hearing or examination of a case in all courts shall be open. Cases may be heard in close
                                        sessions in a situation permitted by a federal law. The examination of criminal cases by default
                                        in courts shall not be permitted except in a situation permitted by law. Judicial proceedings
                                        shall be conducted on the basis of controversy and the equality of the parties concerned. Where
                                        legally required, judicial proceedings shall be conducted with the participation of a jury.
                                   6.   Finally, it is given that the courts shall be financed from the federal budget and should ensure
                                        the possibility of the complete and independent administration of justice according to the
                                        requirements of a federal law.
                                   The Constitution provides for three apex courts — Constitutional Court, Supreme Court and Supreme
                                   Arbitration Court. The President appoints the judges of these courts with the consent of the Federal
                                   Council. It implies that the nominations of the judges made by the President shall be approved by the
                                   upper house of the Federal Assembly. It resembles the American system where the appointments of
                                   the judges made by the President are ratified by the Senate. But appointments of the judges of other
                                   federal courts are made by the President according to the provisions of a federal law. The powers and
                                   procedure of all the courts shall be determined by a federal constitutional law.




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