By Justice Bankole Thompson
The doctrine of common jurisdiction has developed all through smooth occasions within the context of worldwide legal justice as a paramount agent of scuffling with impunity emanating from foreign illegal activity. Sierra Leone, as a member of the overseas group and the United countries, has, in recent years, been a pioneer within the revolutionary software and improvement of foreign legal legislations within the African area. regardless of this function, the country’s profile, either when it comes to the incorporation and alertness of the doctrine of common jurisdiction, is poor in numerous significant respects falling a long way in need of its twin foreign legal responsibility to not supply secure havens from justice for perpetrators of foreign crimes and to wrestle impunity from such criminogenic acts. therefore, a compelling cause of the writer to jot down this booklet was once to supply a seminal scholarly paintings at the topic articulating the prevailing kingdom of the legislations in Sierra Leone and highlighting the deficiencies within the legislations and components inhibiting the workout of common jurisdiction during this UN member kingdom. It used to be additionally to suggest useful substantial and procedural legislation reforms within the state’s jurisprudence at the subject.
The ebook is suggested studying for practitioners and students in foreign legal legislation and comparable disciplines. Its accessibility is very stronger by way of correct tables and summaries of every bankruptcy.
Justice Rosolu J.B. Thompson is Professor Emeritus of felony Justice reviews, jap Kentucky collage, united states. He was once a member of and Presiding pass judgement on in Trial Chamber I of the certain courtroom for Sierra Leone.
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6 Bledsoe and Boczek 1987, p. 10. See Shaw 1997, pp. 100–101; Kelsen 1945; Lauterpacht 1950. 8 Bledsoe and Boczek 1987, p. 9. 9 Shaw 1997, pp. 102–103. 10 ICJ Report 1988, pp. 12, 34; 94 ILR, pp. 225, 252. 11 ICJ Report 1992, pp. 3, 32; 94 ILR, pp. 478, 515. It is also noteworthy, as Shaw reasons, that manifestations of the normative supremacy of international law vis-a-vis municipal law do not imply that the rules of the latter are irrelevant in adjudication processes before international tribunals.
The appeal procedure involves a review of the lower court’s decision to determine whether the relevant law was correctly interpreted and applied to the facts of the case, as well as a scrutiny of the records to ensure that the proceedings were conducted fairly and properly. The High Court may also inquire whether the court below wrongly admitted or wrongly excluded evidence. Whether the review takes any of these forms will depend largely on the grounds of appeal filed by the appellant or his counsel.
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