text:
Over the Limit (2012)
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Over the Limit (2012)
The promotional poster featuring Randy Orton
Theme
song(s)
"War of Change" by Thousand Foot Krutch[1]
Information
Promotion
WWE
Date
May 20, 2012
Attendance
8,000[2]
Venue
PNC Arena
City
Raleigh, North Carolina
Pay-per-view chronology
Extreme Rules (2012) Over the Limit (2012) No Way Out (2012)
Over the Limit chronology
Over the Limit (2011) Over the Limit (2012) Final
Over the Limit was a professional wrestling pay-per-view (PPV) event produced by WWE. It took place at the PNC Arena in Raleigh, North Carolina on May 20, 2012. It was the third and final event under the Over the Limit chronology.
Ten professional wrestling matches took place at the event, nine of which were broadcast live on pay-per-view. In the main event, John Laurinaitis defeated John Cena. Also featured was CM Punk defeating Daniel Bryan to retain the WWE Championship, and Sheamus defeating Alberto Del Rio, Randy Orton, and Chris Jericho to retain the World Heavyweight Championship.
The event garnered 167,000 buys, up from 140,000 the previous year's event received.[3]
Contents
[hide]
1 Storylines
2 Event
2.1 Pre-show
2.2 Preliminary matches
2.3 Main event
3 Results
3.1 Battle Royal
4 References
Storylines[edit]
The professional wrestling matches at Over the Limit featured professional wrestlers performing as characters in scripted events pre-determined by the hosting promotion, WWE. Storylines between the characters played out on WWE's primary television programs, Raw and SmackDown.[4][5]
One of the prominent feuds from the Raw brand was between John Cena and the General Manager of Raw and SmackDown, John Laurinaitis. On the night after losing to The Rock in the main event of WrestleMania XXVIII in early April, Cena's promo was interrupted by a returning Brock Lesnar, who immediately attacked him with an F-5. It was revealed the next week on Raw that Laurinaitis hired Lesnar to replace Cena as "the face of the WWE" by taking him out at Extreme Rules. A battered Cena barely managed to defeat Lesnar, and in a post-match promo, emphasized his injuries and announced he would be "taking a vacation." The next night on Raw, Lesnar attacked WWE COO Triple H (while he was arguing with Laurinaitis about the validity of Lesnar's contract), breaking his arm. With Lesnar's WWE job now in jeopardy, and after advice from his Executive Administrator Eve Torres, Laurinaitis decided on Cena's next opponent, for Over the Limit. Later that night, while Cena was in the ring, Laurinaitis appeared on the entrance stage to announce that opponent, and introduced Lord Tensai. Laurinaitis and Tensai then attacked Cena, and Laurinaitis revealed that he (Laurinaitis) would be Cena's opponent. The WWE Board of Directors stipulated the only way to win would be by pinfall or submission, anybody interfering in the match would be immediately fired and, if Laurinaitis lost the match, he would be fired.
The main event feud from Raw heading into Over the Limit was between WWE Champion CM Punk and challenger Daniel Bryan. Following the Extreme Rules pay-per-view (where Punk successfully defended his title against Chris Jericho in a Chicago Street Fight and Bryan failed to regain the World Heavyweight Championship from Sheamus in a 2 out of 3 falls match), Eve Torres announced Punk's next challenger would be decided by a series of Beat the Clock matches on the April 30 edition of Raw. In the final match of the evening, Bryan defeated Jerry Lawler in the fastest time to become the #1 contender.
The main storyline from the SmackDown brand led to World Heavyweight Champion Sheamus defending his title in a fatal four-way match against Alberto Del Rio, Randy Orton, and Chris Jericho. Sheamus faced a returning Del Rio in a non-title match on the April 6 edition of SmackDown, where Del Rio defeated Sheamus via disqualification to earn a future title shot. On the May 7 episode of Raw, Sheamus and Orton faced Jericho and Del Rio in a tag team match. Jericho pinned Sheamus to win the match after Sheamus accidentally Brogue Kicked Orton. After the match, Orton gave Sheamus an RKO. Del Rio, Jericho, and Orton then all went into John Laurinaitis' office and demanded title opportunities against Sheamus, leading to a brawl between the three and Sheamus, which was broken up by officials. Laurinaitis then informed Sheamus that he would defend the World Heavyweight Championship against Del Rio, Jericho, and Orton in a fatal-four way match at Over the Limit.
Event[edit]
Pre-show[edit]
The pre-show saw Zack Ryder vs Kane. At the end of the match, Ryder attempted the Rough Ryder, but Kane performed a Chokeslam for the win.
Preliminary matches[edit]
The event opened with a 20 man Battle Royal for a United States Championship or Intercontinental Championship match. The match came down to The Miz, Tyson Kidd, David Otunga and Christian. After Miz and Otunga worked together to eliminate Kidd, Christian eliminated Otunga. Christian eliminated Miz to win the match.
Next, Kofi Kingston and R Truth defended the Tag Team Championship against Dolph Ziggler and Jack Swagger. The match ended when Kingston executed Trouble in Paradise on Ziggler to win the match.
After that, Layla defended the Divas Championship against Beth Phoenix. Layla executed a Neckbreaker on Phoenix to win the match.
In the fourth match, Sheamus defended the World Heavyweight Championship against Chris Jericho, Randy Orton, and Alberto Del Rio in a Fatal 4-way match. Each man performed his signature moves but was unsuccessful in earning the victory. The match came to an end when Sheamus executed White Noise on Jericho to retain the title.
Later, The Miz faced Brodus Clay. Clay executed a Running Splash on Miz to win the match.
In the sixth match, Cody Rhodes defended the Intercontinental Championship against Christian. Christian executed a Killswitch on Rhodes to win the title.
Then, CM Punk defended the WWE Championship against Daniel Bryan. In the end, Bryan applied the Yes Lock on Punk but Punk managed to pin Bryan to retain the title despite submitting as the pinfall was counted.
Next, Ryback faced Camacho. Ryback dominated Camacho throughout the match, before delivering a Shell Shocked to secure a pinfall victory.
Main event[edit]
In the main event, John Cena faced Raw and SmackDown General Manager John Laurinaitis in a No-Disqualification match with Laurinaitis' job on the line. Laurinaitis won as Big Show, who he had previously been fired for mocking his voice, interfered and turned heel by knocking Cena out with a WMD, allowing Laurinaitis to pin him and keep his job.
Results[edit]
No.
Results
Stipulations
Times
1P
Kane defeated Zack Ryder Singles match 6:55
2
Christian won by last eliminating The Miz 20-man Battle Royal, with the winner getting a choice of a United States or Intercontinental Championship match. 12:24
3
Kofi Kingston and R-Truth (c) defeated Dolph Ziggler and Jack Swagger (with Vickie Guerrero) Tag team match for the WWE Tag Team Championship[6] 13:44
4
Layla (c) defeated Beth Phoenix Singles match for the WWE Divas Championship[7] 07:50
5
Sheamus (c) defeated Alberto Del Rio (with Ricardo Rodriguez), Chris Jericho and Randy Orton Fatal-4-Way match for the World Heavyweight Championship[8] 16:06
6
Brodus Clay (with Cameron and Naomi) defeated The Miz Singles match 05:48
7
Christian defeated Cody Rhodes (c) Singles match for the WWE Intercontinental Championship 08:35
8
CM Punk (c) defeated Daniel Bryan Singles match for the WWE Championship[9] 24:04
9
Ryback defeated Camacho (with Hunico) Singles match 00:54
10
John Laurinaitis defeated John Cena No Disqualification match; Had Cena won, Laurinaitis would have been fired, and anyone who interfered would have been fired.[10] 17:02
(c) – refers to the champion(s) heading into the match
P – indicates the match took place on the pre-show
Battle Royal[edit]
Elimination
Wrestler
Eliminated by
Time
1 Heath Slater The Great Khali 01:27
2 Michael McGillicutty The Great Khali 01:40
3 JTG The Usos 02:02
4 Yoshi Tatsu Drew McIntyre 02:18
5 Ezekiel Jackson Curt Hawkins & Tyler Reks 02:30
6 Jey Uso Darren Young 03:07
7 Drew McIntyre Curt Hawkins & Tyler Reks 03:40
8 Curt Hawkins The Great Khali 03:56
9 Tyler Reks The Great Khali 03:57
10 Jinder Mahal The Great Khali 04:08
11 The Great Khali Darren Young, The Miz & Titus O'Neil 05:21
12 Titus O'Neil Jimmy Uso 06:03
13 Jimmy Uso Darren Young 06:40
14 William Regal Christian 07:17
15 Darren Young Alex Riley 07:48
16 Alex Riley The Miz 08:30
17 Tyson Kidd David Otunga 09:32
18 David Otunga Christian 11:29
19 The Miz Christian 12:24
Winner:
Christian
References[edit]
Jump up ^ WWE Music Group Tweet on Twitter
Jump up ^ "Recent WWE attendance figures (5/19 to 5/21)". Wrestleview.com. Retrieved 2012-05-28.
Jump up ^ "WWE Reports 2012 Second Quarter Results" (PDF) (Press release). WWE. August 2, 2012. Retrieved August 5, 2012.
Jump up ^ Grabianowski, Ed. "How Pro Wrestling Works". HowStuffWorks, Inc. Discovery Communications. Archived from the original on 18 November 2013. Retrieved 5 March 2012.
Jump up ^ "Live & Televised Entertainment". WWE. Archived from the original on 18 November 2013. Retrieved 21 March 2012.
Jump up ^ "WWE Tag Team Champions Kofi Kingston & R-Truth vs. Jack Swagger & Dolph Ziggler". WWE. Retrieved 2012-05-10.
Jump up ^ "WWE Divas Champion Layla vs. Beth Phoenix". WWE. Retrieved 2012-05-10.
Jump up ^ "Fatal-4-Way World Heavyweight Championship Match". WWE. Retrieved 2012-05-07.
Jump up ^ "WWE Champion CM Punk vs. Daniel Bryan". WWE. Retrieved 2012-04-30.
Jump up ^ "John Cena vs. John Laurinaitis". WWE. Retrieved 2012-04-30.
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Toilet (room)
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This article is about rooms in private residences. For facilities outside the home, see Public toilet.
A small room with a flush toilet. A toilet brush (hidden in a decorative holder) and a toilet roll holder for toilet paper can be seen to the right of the flush toilet.
A toilet, in this sense, is a small room used for privately accessing the sanitation fixture (toilet) for urination and defecation. Toilet rooms usually include a sink (basin) with soap for handwashing, as this is important for personal hygiene.
This room is commonly known as a "bathroom" in American English, a "loo" in British English, a "washroom" in Canadian English, and by many other names across the English-speaking world.
Contents
[hide]
1 Names
2 Other items in the room
3 History
4 Society and culture
5 Gallery
6 See also
7 Notes
8 References
Names[edit]
See also: Toilet § Names
"Toilet" originally referred to personal grooming and came by metonymy to be used for the personal rooms used for bathing, dressing, and so on. It was then euphemistically used for the similarly private rooms used for urination and defecation. By metonymy, it then came to refer directly to the fixtures in such rooms.[1][2] At present, the word refers primarily to such fixtures and using "toilet" to refer to the room or activity ("use the toilet") is somewhat blunt and may be considered indiscreet.[3][n 1] It is, however, a useful term since it is quickly understood by English-speakers across the world, whereas more polite terms vary by region.
"Lavatory" (from the Latin lavatorium, "wash basin" or "washroom")[4] was common in the 19th century and is still broadly understood, although it is taken as quite formal in American English, and more often refers to public toilets in Britain.[citation needed] The contraction "lav"[5] is commonly used in British English.[6]
In American English, the most common term for a private toilet is "bathroom", regardless of whether a bathtub or shower is present.[7][8] In British English, "bathroom" is a common term but is typically reserved for private rooms primarily used for bathing; a room without a bathtub or shower is more often known as a "WC", an abbreviation for water closet,[9] or "loo".[10] Other terms are also used, some as part of a regional dialect.
Some forms of jargon have their own terms for toilets, including ""lavatory" on commercial airplanes, "head" on ships,[11] and "latrine" in military contexts.[12][n 2] Larger houses often have a secondary room with a toilet and sink for use by guests.[13] These are typically known as "powder rooms" or "half baths" in North America,[14] and "cloakrooms" in Britain.[15]
Other items in the room[edit]
The main item in the room is the sanitation fixture itself, the toilet. This may be the flushing sort, which is plumbed into a cistern (tank) operated by a ballcock (float valve). Or it may be a dry model, which does not need water.
The toilet room may also include a plunger, a rubber or plastic tool mounted on a handle, which is used to remove blockages from the toilet drain. Toilets often have a wall mirror above the sink for grooming, checking one's appearance and/or makeup. Some toilets have a cupboard where cleaning supplies and personal hygiene products may be kept. If it is a flush toilet, then the room usually also includes a toilet brush for cleaning the bowl.
Methods of anal cleansing vary between cultures. If the norm is to use paper, then typically the room will have a toilet roll holder, with the toilet paper hanging either next to or away from the wall. If instead, people are used to cleaning themselves with water, then the room may include a bidet shower (health faucet) or a bidet. Toilets such as the Washlet, popular in Japan, provide an automatic washing function.
A sink (hand basin), with soap, is usually present in the room or immediately outside it, to ensure easy handwashing. Above the sink there may be a mirror, either mounted on the wall, or on a medicine cabinet. This cabinet (which is more typically located in the household's main bathroom). typically contains prescription and over the counter drugs, first aid supplies, and grooming equipment for shaving or makeup.
History[edit]
Main articles: History of water supply and sanitation and Toilet § History
Into the modern era, humans typically practiced open defecation or employed latrines or outhouses over a pit toilet in rural areas and used chamber pots emptied into streets or drains in urban ones. The Indus Valley Civilization had particularly advanced sanitation, which included common use of private flush toilets. The ancient Greeks and Romans had public toilets and, in some cases, indoor plumbing connected to rudimentary sewer systems. The latrines of medieval monasteries were known as reredorters; in some cases, these were connected to sophisticated water systems that swept its effluent away without affecting the community's drinking, cooking, or washing water.[16][17] In the early modern period, "night soil" from municipal outhouses became an important source of nitrates for creating gunpowder.[18] 19th century refinements of the outhouse included the privy midden and the pail closet.
Indoor toilets were at first a luxury of the rich and only gradually spread to the lower classes. As late as the 1890s, building regulations in London did not require working-class housing to have indoor toilets; into the early 20th century, some English homes were built with an upstairs toilet for use by the owners and an outhouse for use by the servants.[19] In some cases, there was a transitional stage where toilets were built into the house but accessible only from the outside.[20] After World War I, all new housing in London and its suburbs had indoor toilets.[21]
Bathrooms became standard later than toilets, but entered working-class houses at around the same time.[22][23] For plumbing reasons, flush toilets have usually been located in or near residences' bathrooms. (Both were initially located above the kitchen and scullery on the same account.) In upper-class homes, the first modern lavatories were washrooms with sinks located near the bedrooms; in lower-class homes, there was often only a collapsible tub for bathing. In Britain, there was long a prejudice against having the toilet located in the bathroom proper: in 1904, Hermann Muthesius noted that "a lavatory [i.e., toilet] is practically never found in an English bathroom; indeed it is considered downright inadmissible to have one there".[27] When toilets were placed within bathrooms, the original reason was cost savings.[21] In 1876 Edward William Godwin, a progressive architect-designer, drew up affordable housing with the toilet in the bathroom, and faced criticism for it.[28]
America and most European countries now combine their toilets and bathrooms.[29] Separate toilets remain common in British homes[23] and remain a builder's option even in places where the norm is for the toilet to be in the bathroom.[30] In France,[29][31] Japan,[32][33] and some other countries,[13] separate toilets remain the norm for reasons of hygiene and privacy. In modern homes outside of France,[29] such separate toilets typically contain a sink. In Japan, the toilet sometimes has a built-in sink (whose waste water is used for the next flush) to allow users to clean themselves immediately.[34] Japanese toilets also often provide special slippers—apart from those worn in the rest of the house—for use within the toilet.[33][35][36]
Society and culture[edit]
In English, all terms for toilets were originally euphemisms.[2] It is generally considered coarse or even offensive to use such direct terms as "shitter",[37] although they are used in some areas. Formerly, broadcast censorship even banned mentions of the euphemisms: Jack Paar temporarily quit the Tonight Show in February 1960 when NBC broadcast news footage in place of a joke he had taped involving the term "WC".
Gallery[edit]
An Australian "dunny", a form of outhouse with a pit toilet
A toilet room with an older style flush toilet. The chain (on the upper right) is pulled to empty the elevated cistern (tank).
A Delftware-style toilet
A Japanese temple hotel, with squat toilet and toilet slippers
See also[edit]
Bathroom (for personal hygiene, with or without a toilet inside)
Sanitation
Notes[edit]
Jump up ^ In British contexts, it is considered non-U, with the upper class generally preferring "loo", "lavatory", and "bog".
Jump up ^ For other synonyms for toilet, see "bathroom" at Wikisaurus.
References[edit]
Jump up ^ "toilet, n.", Oxford English Dictionary .
^ Jump up to: a b Campbell, Lyle (2006), Historical Linguistics: An Introduction, 2nd ed., Cambridge: MIT Press, p. 263, ISBN 978-0-262-53267-9 .
Jump up ^ "What Are the Important Differences between Canadian and American (USA) English?", Stack Exchange, 9 December 2010 .
Jump up ^ "lavatory, n.", Oxford English Dictionary .
Jump up ^ "lav., n.", Oxford English Dictionary .
Jump up ^ "lav", Collins English Dictionary
Jump up ^ "bathroom, n.", Oxford English Dictionary .
Jump up ^ Kovecses, Zoltan (2000), American English: An Introduction, Petersborough: Broadview, p. 253, ISBN 978-1-55111-229-9 .
Jump up ^ "W, n." & "water closet, n.", Oxford English Dictionary .
Jump up ^ "loo, n.⁴", Oxford English Dictionary .
Jump up ^ "head, n.¹", Oxford English Dictionary .
Jump up ^ "latrine, n.", Oxford English Dictionary .
^ Jump up to: a b Thompson, John; et al. (2009), An Uncommon History of Common Things, Washington: National Geographic Society, p. 140, ISBN 978-1-4262-0420-3 .
Jump up ^ "half-, comb. form", Oxford English Dictionary .
Jump up ^ "'cloak-room, n.", Oxford English Dictionary .
Jump up ^ Wright, Geoffrey N. (2004), Discovering Abbeys and Priories (4th ed.), Princes Risborough: Shire, p. 27, ISBN 978-0-7478-0589-2 .
Jump up ^ Greene, J. Patrick (1992), Medieval Monasteries, Archaeology of Medieval Britain, Leicester: Leicester University Press, ISBN 978-0-7185-1296-5 .
Jump up ^ Chase, Kenneth, Firearms: A Global History to 1700 .
Jump up ^ Muthesius, Stefan (1982), The English Terraced House, New Haven: Yale University Press, p. 60, ISBN 978-0-300-02871-3 .
Jump up ^ As in plates 86 and 87 depicting homes in Leeds and Halifax, Muthesius, p. 121.
^ Jump up to: a b Jackson, Alan A. (1973), Semi-Detached London: Suburban Development, Life and Transport, 1900–39, London: Allen & Unwin, p. 145, ISBN 978-0-04-902003-0 .
Jump up ^ Muthesius, pp. 61–62, 100, 137.
^ Jump up to: a b Schmidt, William E. (3 January 1992), "English Bathrooms: Out of the Closet", The New York Times .
Jump up ^ Muthesius, Hermann (1904), Das englische Haus: Entwicklung, Bedingungen, Anlage, Aufbau, Einrichtung und Innenraum, Vol. II, Berlin: Wasmuth, OCLC 3437464 . (in German)
Jump up ^ Seligman, Janet, The English House, London: Granada, p. 236, ISBN 978-0-258-97101-7 .
Jump up ^ Long, Helen C. (1993), The Edwardian House: The Middle-Class Home in Britain, 1880-1914, Studies in Design and Material Culture, Manchester: Manchester University Press, p. 193, ISBN 978-0-7190-3728-3 .
Jump up ^ Muthesius,[24] quoted in translation by Seligman[25] in Long.[26]
Jump up ^ Grant, Sandra. "The Architects: Edward W Godwin". The Bedford Park Society. Retrieved 2 November 2016.
^ Jump up to: a b c Léger, Jean-Michel (1990), Derniers Domiciles Connus: Enquête sur les Nouveaux Logements, 1970–1990, Paris: Créaphis, p. p. 129, ISBN 978-2-907150-18-7 . (in French)
Jump up ^ Harrison, Henry (1998), Houses: The Illustrated Guide to Construction, Design, and Systems, 3rd ed., Chicago: Real Estate Education Co., pp. 64–65, ISBN 978-0-7931-2967-6 .
Jump up ^ Taylor, Sally Adamson (2003), Culture Shock!: France, 2nd ed., Portland: Graphic Arts Center, p. 199, OCLC 30753428 .
Jump up ^ Goldman, Alan (1994), Doing Business With the Japanese: A Guide to Successful Communication, Management and Diplomacy, SUNY Series in Speech Communication, Albany: State University of New York Press, p. 73, ISBN 978-0-7914-1946-5 .
^ Jump up to: a b "Toilets", Encyclopedia of Contemporary Japanese Culture, London: Routledge, 2002, pp. 527 f., ISBN 978-0-415-14344-8 .
Jump up ^ Molotch, Harvey Luskin (2003), Where Stuff Comes From: How Toasters, Toilets, Cars, Computers, and Many Other Things Come to Be As They Are, London: Routledge, p. pp. 101–02, ISBN 978-0-415-94400-7 .
Jump up ^ Phillips, Jennifer (2003), "Personal Hygiene", In the Know in Japan: The Indispensable Cross-cultural Guide to Working and Living in Japan, New York: Terra Cognita, ISBN 978-0-609-61114-2 .
Jump up ^ Horvat, Andrew (2000), Japanese Beyond Words: How to Walk and Talk Like a Native Speaker, Berkeley: Stone Bridge, pp. 28–29, ISBN 978-1-880656-42-6 .
Jump up ^ "shitter, n.", Oxford English Dictionary, Oxford: Oxford University Press .
[show]
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LCCN: sh85135825
GND: 4442525-9
BNF: cb11962379p (data)
NDL: 00560612
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Judicial independence
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Judicial independence is the concept that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Judicial Independence is vital and important to the idea of separation of powers.
Different countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th century England.
In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty, or by declaring laws passed by the legislature unconstitutional.
Contents
[hide]
1 Economic basis
2 Development of the concept
2.1 National and international developments
2.2 International standards
2.3 The justice system
3 Canada
4 Hong Kong
5 United Kingdom
5.1 England and Wales
5.1.1 History
5.1.2 Contemporary usage
6 United States of America
6.1 Federal courts
6.2 State courts
7 See also
8 References
9 External links
Economic basis[edit]
Constitutional economics studies issues such as the proper distribution of national wealth including government spending on the judiciary. In transitional and developing countries, spending on the judiciary may be controlled by the executive. This undermines the principle of judicial independence because it creates a financial dependence of the judiciary on the executive. It is important to distinguish between two methods of corruption of the judiciary: the state (through budget planning and privileges) being the most dangerous, and private. State corruption of the judiciary can impede the ability of businesses to optimally facilitate the growth and development of a market economy.[1]
In some countries, the constitution also prohibits the legislative branch from reducing salaries of sitting judges.
Development of the concept[edit]
National and international developments[edit]
The development of judicial independence has been argued to involve a cycle of national law having an impact on international law, and international law subsequently impacting national law.[2] This is said to occur in three phases: the first phase is characterized by the domestic development of the concept of judicial independence, the second by the spread of these concepts internationally and their implementation in international law, and the third by the implementation in national law of these newly formulated international principles of judicial independence.[2]
A notable example illustrating this cycle is the United Kingdom. The first phase occurred in England with the original conception of judicial independence in the Act of Settlement 1701.[3] The second phase was evident when England’s concepts regarding judicial independence spread internationally, and were adopted into the domestic law of other countries; for instance, England served as the model for Montesquieu’s separation of powers doctrine,[4] and the Founding Fathers of the US Constitution used England as their dominant model in formulating the Constitution’s Article III, which is the foundation of American judicial independence.[5] Other common law countries, including Canada, Australia, and India, also adopted the British model of judicial independence.[6]
In recent decades the third phase of judicial independence has been evident in the UK,[7] as it has been significantly influenced by judicial independence principles developed by international human rights constitutional documents. The European Court of Human Rights (ECtHR) has had a significant impact on the conceptual analysis of judicial independence in England and Scotland. This process began in the 1990s with the ECtHR hearing UK cases and, more significantly, in the application of the European Convention on Human Rights in British law through the Human Rights Act 1998, which came into force in the UK in 2000.[8]
Where British national law had previously impacted the international development of judicial independence, the British Constitutional Reform Act 2005[9] marked a shift, with international law now impacting British domestic law. The Constitutional Reform Act dramatically reformed government control over the administration of justice in England and Wales; importantly, it discontinued the position of the Lord Chancellor, one of the country’s oldest constitutional offices, who was entrusted with a combination of legislative, executive, and judicial capacities.[10] The Lord Chancellor served as speaker of the Upper House of Parliament, the House of Lords; as a member of the executive branch and member of the senior cabinet; and as the head of the judiciary. Historically, the appellate function had a connection with the executive branch due to the types of cases typically heard – impeachment and the hearing of felony charges against peers.[11] The Constitutional Reform Act established new lines of demarcation between the Lord Chancellor and the judiciary, transferring all the judicial functions to the judiciary and entrusting the Lord Chancellor only with what are considered administrative and executive matters. In addition, the Constitutional Reform Act replaced the Lord Chancellor by the Lord Chief Justice as head of the judiciary, separated the judicial Appellate Committee of the House of Lords from the legislative parliament, reforming it as the Supreme Court, and creating a Judicial Appointments Commission.[12] The creation of the Supreme Court was important, for it finally separated the highest court of appeal from the House of Lords.[13]
Thus, the United Kingdom, where judicial independence began over three hundred years ago, illustrates the interaction over time of national and international law and jurisprudence in the area of judicial independence. In this process, concepts and ideas have become enriched as they have been implemented in successive judicial and political systems, as each system has enhanced and deepened the concepts and ideas it actualized. In addition to the UK, similar developments of conceptual cross-fertilization can be seen internationally, for example in European Union law,[14] in civil law countries such as Austria, and in other common law jurisdictions including Canada.[15]
International standards[edit]
The International Association of Judicial Independence and World Peace produced the Mt. Scopus International Standards of Judicial Independence between 2007 and 2012. These built on the same association's New Delhi Minimum Standards on Judicial independence adopted in 1982 and their Montréal Universal Declaration on the Independence of Justice in 1983. Other influences they cite for the standards include the UN Basic Principles of Judicial Independence from 1985, the Burgh House Principles of Judicial Independence in International Law (for the international judiciary), Tokyo Law Asia Principles, Council of Europe Statements on judicial independence (particularly the Recommendation of the Committee of Ministers to Member States on the independence, efficiency and role of judges), the Bangalore Principles of Judicial Conduct 2002, and the American Bar Association's revision of its ethical standards for judges.[16]
The justice system[edit]
In recent years, the principle of judicial independence has been described as one of the core values of the justice system.[17]
Canada[edit]
Canada has a level of judicial independence entrenched in its Constitution, awarding superior court justices various guarantees to independence under sections 96 to 100 of the Constitution Act, 1867. These include rights to tenure (although the Constitution has since been amended to introduce mandatory retirement at age 75) and the right to a salary determined by the Parliament of Canada (as opposed to the executive). In 1982 a measure of judicial independence was extended to inferior courts specializing in criminal law (but not civil law) by section 11 of the Canadian Charter of Rights and Freedoms, although in the 1986 case Valente v. The Queen it was found these rights are limited. They do, however, involve tenure, financial security and some administrative control.
The year 1997 saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges. The unwritten norm is said to be implied by the preamble to the Constitution Act, 1867. Consequently, judicial compensation committees such as the Judicial Compensation and Benefits Commission now recommend judicial salaries in Canada. There are two types of judicial independence: institutional independence and decisional independence. Institutional independence means the judicial branch is independent from the executive and legislative branches. Decisional independence is the idea that judges should be able to decide cases solely based on the law and facts, without letting the media, politics or other concerns sway their decisions, and without fearing penalty in their careers for their decisions.
Hong Kong[edit]
In Hong Kong, independence of the judiciary has been the tradition since the territory became a British crown colony in 1842. After the 1997 transfer of sovereignty of Hong Kong to the People's Republic of China pursuant to the Sino-British Joint Declaration, an international treaty registered with the United Nations, independence of the judiciary, along with continuation of English common law, has been enshrined in the territory's constitutional document, the Basic Law.[18][19] In recent years, this independence has been put into question after a number of interventions from China on several cases which swayed rulings in the Executive's favour, most notably the Hong Kong Legislative Council oath-taking controversy of 2016.[20]
United Kingdom[edit]
England and Wales[edit]
Main article: Judiciary of England and Wales
History[edit]
During the middle ages, under the Norman monarchy of the Kingdom of England, the king and his Curia Regis held judicial power. Judicial independence began to emerge during the early modern period; more courts were created and a judicial profession grew. By the fifteenth century, the king's role in this feature of government became small.[21] Nevertheless, kings could still influence courts and dismiss judges. The Stuart dynasty used this power frequently in order to overpower the Parliament of England. After the Stuarts were removed in the Glorious Revolution of 1688, some advocated guarding against royal manipulation of the judiciary. King William III approved the Act of Settlement 1701, which established tenure for judges unless Parliament removed them.[22][23]
Contemporary usage[edit]
Under the uncodified British Constitution, there are two important conventions which help to preserve judicial independence. The first is that the Parliament of the United Kingdom does not comment on the cases which are before the court. The second is the principle of parliamentary privilege: that Members of Parliament are protected from prosecution in certain circumstances by the courts.[citation needed]
Furthermore, the independence of the judiciary is guaranteed by the Constitutional Reform Act 2005.[24] In order to try to promote the independence of the judiciary, the selection process is designed to minimize political interference. The process focuses on senior members of the judiciary rather than on politicians. Part 2 of the Tribunals, Courts and Enforcement Act 2007 aims to increase diversity among the judiciary.[citation needed]
The pay of judges is determined by an independent pay review body. It makes recommendations to the government after taking evidence from a variety of sources. The government accepts these recommendations and will traditionally implement them fully. As long as judges hold their positions in "good order," they remain in post until they wish to retire or until they reach the mandatory retirement age of 70.[citation needed]
Until 1 January 2010, the legal profession was self-regulating; with responsibility for implementing and enforcing its own professional standards and disciplining its own members. The bodies which performed this function were the Bar Council and the Law Society. However, this self-regulation came to an end when approved regulators came under the regulation of the Legal Services Board, composed of non-lawyers, following the passage of the Legal Services Act 2007. This saw the establishment of the Solicitors Regulation Authority to regular solicitors and the Bar Standards Board to regulate barristers.[25]
United States of America[edit]
Federal courts[edit]
Article III of the United States Constitution establishes the federal courts as part of the federal government.
The Constitution provides that federal judges, including judges of the Supreme Court of the United States, are appointed by the President "by and with the advice and consent of the Senate." Once appointed, federal judges:
...both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Federal judges vacate office only upon death, resignation, or impeachment and removal from office by Congress; only 13 federal judges have ever been impeached. The phrase "during good behavior" predates the Declaration of Independence. John Adams equated it with quamdiu se bene gesserint in a letter to the Boston Gazette published on 11 January 1773,[26] a phrase that first appeared in section 3 of the Act of Settlement 1701 in England.
The President is free to appoint any person to the federal bench, yet typically he consults with the American Bar Association, whose Standing Committee on the Federal Judiciary rates each nominee "Well Qualified," "Qualified" or "Not Qualified."
State courts[edit]
State courts deal with independence of the judiciary in many ways, and several forms of judicial selection are used for both trial courts and appellate courts (including state supreme courts), varying between states and sometimes within states. In some states, judges are elected (sometime on a partisan ballot, other times on a nonpartisan one), while in others they are appointed by the governor or state legislature.
The 2000 case of Bush v. Gore, in which a majority of the Supreme Court, including some appointees of President George H. W. Bush, overruled challenges to the election of the George W. Bush then pending in the Florida Supreme Court, whose members had all been appointed by Democratic governors, is seen by many as reinforcing the need for judicial independence, both with regard to the Florida Supreme Court and the US Supreme Court. This case has increased focus and attention on judicial outcomes as opposed to the traditional focus on judicial qualifications.
See also[edit]
Judicial reform
Judiciary in Russia
Political corruption § Judiciary corruption
Rule According to Higher Law
Rule of law
Separation of powers
References[edit]
Jump up ^ Peter Barenboim, Defining the rules, The European Lawyer, Issue 90, October 2009
^ Jump up to: a b S Shetreet, ‘The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges’ (2009) 10 Chicago Journal of International Law 275-332
Jump up ^ See generally Shimon Shetreet book, Judges on Trial.
Jump up ^ See Baron de Montesquieu, The Spirit of the Laws (Hafner 1949) (Thomas Nugent, trans).
Jump up ^ Article III of the US Constitution provides that “the judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office.”
Jump up ^ Shetreet, Judicial Independence. See also Peter H. Russell, The Judiciary in Canada: The Third Branch of Government (McGraw-Hill Ryerson 1987); John Bell, Judicial Cultures and Judicial Independence, 4 Cambridge YB Eur Legal Studies 47 (2001).
Jump up ^ UK Human Rights Act - 1998
Jump up ^ Human Rights Act (1998), ch 42 (UK), available online at < "Archived copy". Archived from the original on 2010-09-01. Retrieved 2013-01-02. > (visited Mar 27, 2009).
Jump up ^ Constitutional Reform Act (2005), ch 4 (UK). For a detailed analysis of the history of this act, see Lord Windlesham, The Constitutional Reform Act 2005: The Politics of Constitutional Reform, 2006 Pub L 35; Lord Windlesham, The Constitutional Reform Act 2005: Ministers, Judges and Constitutional Change, 2005 Pub L 806. For accounts of the main players, see Lord Woolf, The Pursuit of Justice 161–74 (Oxford 2008); Lord Phillips, Constitutional Reform: One Year On, The Judicial Studies Board Annual Lecture (Mar 22, 2007); Lord Woolf, The Rule of Law and a Change in the Constitution, 2004 Camb L J 317; Tom Bingham, The Business of Judging: Selected Essays and Speeches 55–68 (Oxford 2000). All three authors served as lord chief justice in these formative years. Lord Woolf was active in the shaping of the legislation and Lord Phillips succeeded him
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 294
Jump up ^ Robert Stevens, Law and Politics: The House of Lords as a Judicial Body, 1800-1976 (University of North Carolina Press, 1978), at 6
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 294
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 113
Jump up ^ See Treaty on European Union, art F, 1992 OJ (C 191) 1 (Jul 29, 1992). Paragraph 2 of Article F states, “The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms . . . and as they result from the constitutional traditions common to the Member States, as general principles of Community law.”
Jump up ^ See, for example, Valente v The Queen, [1985] 2 SCR 673 (Canada)
Jump up ^ "Mt. Scopus Approved Revised International Standards of Judicial Independence Approved March 19, 2008". International Association of Judicial Independence and World Peace - International Project of judicial independence. Retrieved 11 October 2014.
Jump up ^ Shimon Shetreet, Fundamental Values of the Justice System, 23 THE EUROPEAN BUSINESS LAW REVIEW 61-76, (2012).
Jump up ^ "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"- Chapter 1, basiclaw.gov.HK, 17 March 2008. Retrieved 2016-07-14.
Jump up ^ "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"- Chapter 4, Section 4, basiclaw.gov.HK, 17 March 2008. Retrieved 2016-07-14.
Jump up ^ "Hundreds of Hong Kong lawyers in silent march against Beijing oath ruling". South China Morning Post. 8 November 2016.
Jump up ^ Justice Gerard La Forest, Provincial Judges Reference, Supreme Court of Canada, para. 305.
Jump up ^ "Independence". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
Jump up ^ Justice Gerard La Forest, Provincial Judges Reference, para. 306.
Jump up ^ "Constitutional reform". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
Jump up ^ UK Parliament. Legal Services Act 2007 as amended (see also enacted form), from legislation.gov.uk.
Jump up ^ Adams, John (1851). The Works of John Adams, Vol 3. Boston: Little and Brown. p. 522.
External links[edit]
Independence of the judicial system Part I. The Independence of Judges Part II - the Prosecution Service Venice Commission, 2010
[show]
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See also
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Judicial independence
Judicial review
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