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Wednesday, July 24, 2013

Republic Of Fiji Island v Prasad Case

Republic of Fiji Islands v Prasad [2001] FJCA 2; Abu0078.2000s (1 March 2001) IN THE apostrophize OF approach, FIJI ISLANDS ON approach FROM THE in high spirits COURT OF FIJI ISLANDS CIVIL APPEAL NO. ABU0078/2000S (High Court urbane Action No. 217/2000)   mingled with: 1. THE REPUBLIC OF FIJI First Appellant 2. THE ATTORNEY-GENERAL OF FIJI befriend Appellant AND: CHANDRIKA PRASAD Respondent   Coram: The Rt. Hon. Sir Maurice Casey, Presiding Judge The Hon. Sir lan Barker, jurist of Appeal The Hon. Sir Mari Kapi, umpire of Appeal The Hon. Mr arbitrator Gordon Ward, Justice of Appeal The Hon. Mr Justice Kenneth Handley, Justice of Appeal Hearing: Monday 19, Tuesday 20, Wednesday 21 and thorium 22 February 2001, Suva give notice: Nicholas Blake QC, Anthony Molloy QC, Michael Scott, Savenaca Banuve and Jai Udit for the Appellants Geoffrey Robertson QC, George Williams, Anu Patel and Neel Shivarn for the Respondent Date of feeling: atomic number 90 1 March, 2001 JUDGMENT OF THE COURT Introduction This spell is against the concept of Gates J of 15 November 2000 in which he upheld the continuing validity of Fijis 1997 impulse in legal proceeding brought in the High Court at Lautoka by the respondent Mr Chandrika Prasad.
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The proceedings challenged the legality of actions, including the purported abrogation of the Constitution, taken by those who assumed take care of the State during and after an adjudicate coup by George Speight on 19 whitethorn, 2000. As a Court of Law, our task is control to determining legal issues. We pissing no jurisdiction or authority to pass judgment on non-legal questions, particularly those of a political nature. The appeal raised questions as to what had actually happened in Fiji after 19 may 2000 and we scram had to decide these questions. We have done this by finding, on the evidence, what actually happened, without considering the political merits or wisdom of what occurred. Our task has been to square off whether the 1997 Constitution ashes in place as the...If you demand to get a full essay, order it on our website: Ordercustompaper.com

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