hand,
no question
was
raised
as to whether
or not the said law is
equally enforced for all persons, natural or juridical. The only bone of
contention
herein
is whether
same vein, no issues were
recognition,
supremacy
non-submission
On
the
it is independently
adjudicated.
raised as to Act No.1/26 being
or otherwise
being
derogated,
devoid of
neither was
or non-accountability to the law in contention
contrary,
the
allegation
Constitutional
herein
provisions
is that
the
in respect
In the
herein.
impugned
of appeals
law
subverts
the
Supreme
Court; contains provisions that curtail the notion of fair trial
with regard to the independence of the Special Court judges;
measures
that
infringes
upon
impede
the
doctrine
recognized
of separation
standards
of
to the
reflects
of powers,
procedural
and
and _
legal
propriety.
56. Before
we
progress
further with the issue
of the Act’s compliance
with the Treaty (or lack thereof), we deem
it necessary to interrogate
the intrinsic nature of special courts such
as the one
impugned
Act.
court
‘a
as
purpose
war
such
court
(such
damages
State).’
The
Merriam-Webster
created
for
as a commission
against
a
State
dictionary
defines
exceptional
and
or tribunal
by
nationals
a special
temporary
to hear claims
of
the
for
victorious
On the other hand, the Free Online Legal Dictionary defines
courts as ‘bodies within
that generally address
defined
an
set up by the
powers.’
the judicial
branch
of government
only one area of law or have specifically
It expounds the distinction between
special courts
and general-jurisdiction courts as follows:
“Special courts differ from general-jurisdiction
several
other
jurisdiction.
Reference No.1 5 of 2014
respects
Cases
are
besides
more
having
likely to
a more
be
courts in
limited
disposed
of
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