Puisne judge (Fiji)
Encyclopedia
Puisne
judges in Fiji
sit on the High Court
and the Court of Appeal
, but not on the Supreme Court
. According to Chapter 9
of the Fijian Constitution
, there must be a minimum of ten puisne judges, who are appointed by the President on the nomination of the Judicial Service Commission, who must first consult the appropriate Cabinet Minister
and the committee of the House of Representatives
responsible for the administration of justice.
A puisne judge must be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or one who holds or has held a high judicial position in Fiji or another country prescribed by Parliament. The judiciary is the only branch of government from which non-citizens are not excluded. This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law. Accordingly, judges from the United Kingdom
and New Zealand
, among other countries, have sometimes served on Fiji's courts.
Puisne judges are appointed for terms between four and seven years, and are required to retire on the expiry of their term or at the age of 65, whichever event occurs sooner. The retirement age for puisne judges, unlike that of other judges, may not be waived. They are eligible, however, for subsequent appointment to other judicial positions, such as Justice of Appeal
(including President
of the Court of Appeal
), Supreme Court
justice, or Chief Justice
. In addition, compulsory retirement at age 65 does not disqualify such a person from acting as a puisne judge on a temporary basis. Judges who are past retirement age may therefore be called out of retirement, from time to time, to temporarily fill vacancies or to act in the place of a judge who is absent or otherwise unable to perform his or her duties.
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
judges in Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
sit on the High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
and the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
, but not on the Supreme Court
Supreme Court (Fiji)
The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...
. According to Chapter 9
Constitution of Fiji: Chapter 9
Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...
of the Fijian Constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
, there must be a minimum of ten puisne judges, who are appointed by the President on the nomination of the Judicial Service Commission, who must first consult the appropriate Cabinet Minister
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
and the committee of the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
responsible for the administration of justice.
A puisne judge must be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or one who holds or has held a high judicial position in Fiji or another country prescribed by Parliament. The judiciary is the only branch of government from which non-citizens are not excluded. This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law. Accordingly, judges from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, among other countries, have sometimes served on Fiji's courts.
Puisne judges are appointed for terms between four and seven years, and are required to retire on the expiry of their term or at the age of 65, whichever event occurs sooner. The retirement age for puisne judges, unlike that of other judges, may not be waived. They are eligible, however, for subsequent appointment to other judicial positions, such as Justice of Appeal
Justice of Appeal (Fiji)
Justices of Appeal in Fiji are judges who sit on the Court of Appeal and on the Supreme Court, but not on the High Court.Justices of Appeal are appointed by the President on the nomination of the Judicial Service Commission, which is required to consult first with the appropriate Cabinet Minister...
(including President
President of the Court of Appeal (Fiji)
Fiji's Court of Appeal is chaired by the President of the Court of Appeal. The Chief Justice of Fiji is not permitted to hold this position; in order to give the Court of Appeal a degree of independence from the High Court and the Supreme Court, the Chief Justice, who chairs both courts, is...
of the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
), Supreme Court
Supreme Court (Fiji)
The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...
justice, or Chief Justice
Chief Justice (Fiji)
The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. ...
. In addition, compulsory retirement at age 65 does not disqualify such a person from acting as a puisne judge on a temporary basis. Judges who are past retirement age may therefore be called out of retirement, from time to time, to temporarily fill vacancies or to act in the place of a judge who is absent or otherwise unable to perform his or her duties.
See also
- Constitution of Fiji: Chapter 9Constitution of Fiji: Chapter 9Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...
(detailing the composition and role of the judiciary)