justice and democracy
TRANSCRIPT
Justice and Democracy
Farah Alkhalifi
Mohamed Tahar Belkheir
Lea El Halabi
Ikram Gergab
Outlines
• Introduction
• Structure of governments of each
country
• Judicial System in Lebanon
• General Facts
• Data and comparison
• Conclusion
The countries that we are going to discuss are: Algeria,
Lebanon, Lybia and Kuwait
Each of the four countries we are discussing has established its
own governance structure where power is divided in such way
that ensures a good governance of the country. People who are
in top positions and who have power are the ones that should
ensure that justice is for everyone; these different structures
combined together make up the “Government”.
Governments consist of legislators, administrators,
and arbitrators in an administrative bureaucracy which controls
a state/country at a given time, and the system by which they
are organized. A government is the means by which state policy
is enforced, as well as the mechanism for determining the
policy of the state. A form of government, or form of state
governance, refers to the set of political institutions by which a
government of a state is organized. Synonyms include "regime
type" and "system of government".
Throughout this presentation we are going to demonstrate if
democracy is affected in any ways by law and justice of its
country, if yes, how law and justice affect democracy.
Introduction:
LEBANON
Relation to
Democracy
President
Executive Branch
Judicial Branch
Legislative Branch
Judicial System in Lebanon
Supreme
Court
OrdinaryExceptional
Appellate
courts
Courts
of First
instance
Sharia’a
courts
Other
(ecclesiastical,
specialized
and cassation)
Sunni
Courts
Shiite
Courts
LEBANON Continued
ALGERIA
President
Executive Branch
Judicial Branch
Legislative Branch
Judicial System in Algeria
ALGERIA Continued The Algerian constitution
provides that judicial power is
independent. Procedure law
organizes the judicial power.
• The Court
• Court of appeals
• Supreme Court
• The Administrative Jurisdictions
• The State Council
• Court of Auditors
Reality of Justice
ALGERIA Continued
• Algeria is a very unknown country, it is hard to
reference it because there are no clear numbers
about the judiciary system.
• The System is build in a way to protect citizien’s
right.
• Facts say that in Algeria the judiciary system is
likely to be corrupted easily, which create tension
and instability in the country. Victims are always
people who are not wealthy and hence they can
not fight agains corruption.
KUWAIT
• Constitutional monarchy
• The head of state is the Emir.
• Legislative power rests in the
National Assembly
Judicial System in Kuwait
KUWAIT Continued civil law (family law) are based
largely on Sharï’ah (Islamic
law).
Commercial and criminal law
• Civil law system with Islamic law significant in
personal matters; has not accepted compulsory
ICJ jurisdiction
Kuwait’s constitutional court
Women and Voting
KUWAIT Continued
Voting:
• In 2005, women allowed to vote
Women in parliament
KUWAIT Continued
2009 women were elected to parliament for the first
time
LIBYA
• Head of State (Transition Council)
• Libya`s Judiciary system before the
revolution was unjust impractical and
oppressive
Judicial System in Libya
LIBYA Continued
• The democracy role under the Gaddafi regime
“Permanence on the chairs”
Judicial System in Libya
LIBYA Continued
These are the most important unjust, impractical
laws that he declared
• A house is for its owner
• The land does not belong to anyone
• Partners not employees
Future of Judicial System in Libya
LIBYA Continued
• Law Based on islamic ideals
• Social justicee and equality
• Law is the highest authority
General Fact
One clear fact is : CORRUPTION.
The three countries are suffering from corruption
which induces to hold and freeze all judiciary
system
18
Source: World
Bank
Institute, accessed
at
http://info.worldba
nk.org/governance
/wgi/mc_chart.asp
RULE OF LAW:
Middle East and North Africa
19
Source: World
Bank Institute,
accessed at
http://info.worldba
nk.org/governance
/wgi/mc_chart.asp
CONTROL OF
CORRUPTION:
Middle East and North Africa
20
Source: World
Bank Institute,
accessed at
http://info.worldba
nk.org/governance
/wgi/mc_chart.asp
VOICE AND
ACCOUNTABILITY: Middle
East and North Africa
Conclusion
From these facts it is easy to conclude that justice
affects democracy. It is clear that people of different
countries are being marginalized and they feel their
rights are not respected, which leads to a big
instability of the region,
References
http://www.arabruleoflaw.org/countryprofiles/lebanon.html
http://www.arabruleoflaw.org/countryprofiles/algeria.html
http://www.arabruleoflaw.org/countryprofiles/libya.html
http://www.arabruleoflaw.org/countryprofiles/kuwait.html
http://www.icj.org/IMG/LEBANON.pdf
http://www.americanbar.org/advocacy/rule_of_law/where_we_work/middle_east/lebanon/news.html
http://www.mattarlaw.com/lebanon-law-lebanon-legal-system.htm
AUDIT OF USAID/LEBANON’S RULE OF LAW PROGRAM AUDIT REPORT NO. 6-268-10-006-P
August 24, 2010