text:
Comparative law and justice/Germany

Part of the Comparative law and justice Wikiversity Project

Basic Information

Germany holds the largest economy in Europe and the second most populous country in Europe after Russia. The German economy - the fifth largest economy in the world in PPP terms and Europe's largest - is a leading exporter of machinery, vehicles, chemicals, and household equipment and benefits from a highly skilled labor force. Germany has a population of 82,329,758 as of July 2010, making it slightly smaller than the state of Montana. . Germany is located in Central Europe holding place between the countries of Poland and The Netherlands. The Baltic Sea and The North Sea borders the perimeter of Germany. German is the official language of the country with different dialects in different regions. A small percentage of the population speak Serbian, Danish, and Frisian. Majority of the population is of Protestant and Roman Catholic religion, a small percentage of the population is Muslim. The German ethnic group makes up 91.5% of Germany's population. The remaining percentage consists of 2.4% of Turkish ethnic groups, the other 6.1% is made up of made up largely of Greek, Italian, Polish, Russian, Serbo-Croatian, Spanish. The German President is Joachim Gauck. Germany faces significant challenges to sustained long-term growth.In low fertility rates and declining net immigration are increasing pressure on the country's social welfare system and necessitate structural reforms. The modernization and integration of the eastern German economy, provides a struggle on the German economy and Germany's citizen, where unemployment can exceed 20% in some municipalities.

Brief History
In 1939 the United States and England declared war on Germany which became the start of World War II. As the war progressed Germany and its allies quickly began to gain much control over Europe. Under the leadership of Germany's Chancellor Adolf Hitler. Hilter formed the Nazi party during World War II. The Nazi's were responsible for the murders of nearly six million European Jews in which later became known as The Holocaust. The Holocaust should also include the Nazis' systematic murder of millions of people in other groups, including Romani, people with disabilities, Soviet prisoners of war, Polish and Soviet civilians, homosexuals, Jehovah's Witnesses and other political and religious opponents.[6] By this definition, the total number of Holocaust victims would be between 11 million and 17 million people. German Nazis established ghettos in which Jews were confined, until they were eventually shipped to death camps to be murdered. By 1942, six large extermination camps had been established in Nazi-occupied Poland. The camps became places where Jews and others were either killed or forced to live as slave laborers, undernourished and tortured. Germany's government is making a swift turnabout in order to repair the damage from World War II, and under the communist leadership of Adolf Hitler and the Nazi Party. In which, left the country divided into two parts of East Germany and West Germany. East Germany was under the communist control of the Soviet Union and divided into five states. West Germany was the Federal Republic of Germany divided into eleven states. Within, three allied occupied zones were held within these elven states which were of he United States, the United Kingdom, and France. The Berlin Wall was the physical division between East Germany and West Germany. The Berlin wall was the symbolic boundary between democracy and communism in the Cold War. The second purpose of the Berlin Wall was to keep East Germans from fleeing into West Germany to escape the communist society. The living environments became distinctly different between the east and the west. West Germany was able to repair their economy and their part of the country with help of their allied occupying powers. West Germany became known as the "economic miracle" to recovery from such a huge downfall. However, East Germany was not as fortunate. The Soviets took factory equipment and other valuable equipment and shipped it back to the Soviet Union leaving the economy of the East severely low. The individuals had very restricted freedom under the Soviets control. By the 1950's many of the East German's had enough of living under communist control and fled to West Germany. Many were able to make it to the west and others were caught. Between 1956 and 1969 the Hallestein Doctrine was in effect. This doctrine stated that West Germany would not establish or maintain any diplomatic relations with any state that recognized East Germany. The doctrine came to a end in the early 1970's after a long battle between the east and west with the adoption of Ostoplitik by Chancellor Willy Brandt. This produced a mutual agreement between the east and the west. The Berlin Wall fell on November 9, 1989 as well as the communist control of the east. In 1990, the two governments of the east and the west drafted a 1,000 page treaty establishing unification between the two.

Economic Development, Health, and Education
Germany is the fifth largest economy in the world. The leading exporter of machinery, vehicles, chemicals, and household equipment. Germany has a GDP of US$3.339 trillion in 2009 and per capita GDP US$44,525 in 2009. In 2009, Germany's GDP contracted by 5% which is the steepest decline since World War II. However, Germany is expecting a turnaround and it's GDP is expected to grow by 3.5% in 2010 and by another 2% in 2010.

The Basic Law of 1949 grants every German citizen the right to education and to choose where they wish to pursue their studies and what occupation they wish to pursue. The Länder (Federal States) are to provide equal educational opportunities and quality education for all through a variety of educational institutions. In Germany a child is required to start school at the age of six and must attend a minimum requirement of nine years by law, or ten years in some Länder. Students pursing a apprenticeship must attend a part-time vocational school until the age of eighteen. Education for all elementary and secondary education school are free and coeducational. Student's who attend universities in Germany pay a nominal fee per a semester allowing them access to extensive health benefits and other social benefits.

Ninety percent of Germany's population is covered by a comprehensive compulsory insurance for sickness, accidents, disability, long-term care, and retirement. The remainder are enrolled in voluntary insurance programs and the very poor are covered by state financed aid.

Governance
Germany has a federal republic government. During the midst of World War II, Germany was under fascist rule of Adolf Hitler and the Nazi party. After the Holocaust in 1949 Germany was divided into two separate states: East Germany and West Germany. East Germany was under communist control of the Soviet Union. The communists were overthrown in 1989. West Germany was a federal republic. The parliaments of both German states ratified a treaty, and the territory of East Germany joined the Federal Republic of West Germany on October 3, 1990. Germany's constitution emphasizes individual liberty and freedom, and the protection of the division on powers within the government. Germany is a civil law system. Gemrnay's government consist of The chancellor (prime minister, whom heads the executive branch of the federal government. The duties of the president (chief of state) are largely ceremonial; the chancellor exercises executive power. The Bundestag (principal chamber of the parliament) elects the chancellor . Germany is a independent federal judiciary. Germany's legislature has powers of exclusive jurisdiction and concurrent jurisdiction with the Laender (states) in areas specified in the Basic Law. Primary legislative power is held by The Bundestag (Upper Federal Council). The Bundesrat (Lower chamber council) must concur with The Bundestag concerning shared revenue by federal and state governments and those imposing responsibilities on the states . There are currently six major political parties of Germany. They are Social Democratic Party (SPD, Christian Democratic Union (CDU, Christian Social Union (CSU), Alliance 90/Greens, Free Democratic Party (FDP),and Party of Democratic Socialism (PDS). Presently, the President on Germany is Horst Koehler, The Chancellor is Angela Merkel, and the President on the Bundestag is Norbert Lammert.

Elections
The president is elected every 4 years on May 23 by the federal assembly. The Federal Assembly is a body convoked only for this purpose, comprising the entire Bundestag and an equal number of state delegates. The Bundestag serves a 4-year term. The Bundestag consists of at least twice the number of the 299 electoral districts in the country. The Bundesrat, which is the upper chamber or Federal Council, consists of 69 members who are delegates of the 16 Laender (states). Citizens of Germany are allowed to vote at age 18. To be eligible to vote the individual must have resided in a constituency district for at least three months prior to an election. The elections are held on Sundays and done by secret ballots.

Judicial Review
Germany's judicial review is understood under the Austrian Model of Judicial Review.In which the involvement of the supremacy of the constitution and the involvement of the parliament work together. In which, all constitutional matters are dealt with under the specialized Constitutional Courts with specially qualified judges, ordinary Supreme Courts, high courts, or their special chambers. Germany's Constitution established a separate federal court(The Bundesverfassungsgericht) in charge of with reviewing acts of the legislature. Each of the 16 states in Germany has their own court. Also, These are separate Supreme Courts that do not deal with appellate cases in civil and criminal law - but rather, just in constitutional cases. The Federal Constitutional Court of Germany can review and reject constitutional amendments, only if is he are contradictory to the Federal Republic.

Courts
Germany follows a inquisitorial system in their court system. In which, the courts are trying to find your innocent because you are first presumed guilty. Germany has a constitutional court which is called Bundesverfassungsgericht (Federal Constitutional Court), ensuring constitutional provisions and protection of the fundamental rights of the citizens, a high court of justice, and courts with jurisdiction in administrative, financial, labor, and social matters. Secondly, each state has their own court as well which is below the Federal Constitutional Court. The state courts are directed to handle proceedings deal with problems disrupting the peace, genocides, state security, war crimes, and crimes against humanity. Judges are chosen by a committee consisting of the Federal Minister, state ministers, and a equal number of members elected by the Bundestag. Judges are appointed to full-time positions, may be involuntarily dismissed, temporarily or permanently suspended. Judge's terms are for life, however, a committee may decide to set a age limit on a judge's term.

Punishment
In Germany, once a individual is arrested they are turned to the Prosecutor's Office. In which, it is determined if they will be released with a possible fine or sent to trial. Suspects can only be detained by the police of the Prosecutor's Office until the end of the day of their arrest and must be brought before a judge. Sentencing is determined by either a single judge or judicial panel. There has to be a two-thirds majority vote to determine a sentence. Which can be held in four week increments until charged or released. A suspect who is being held during the course of an investigative inquiry may at any time request a judicial review of the initial decision on the continuance of the detention. Penalties for crimes are mostly represented through incarceration or day fines. Day fines are calculated by person's income and the day rate of between 2 and 10,000 German marks. Sentences generally range from 6 months to 15 years, but murder, manslaughter, and treason impose life sentences. Property crimes generally carry a sentence and a small fine. Non-violent crimes are usually issued fines and probabiton. Other sentences such as forfeiture to the state of proceeds of crime, suspended driver's license, probabtion, and community service. Lastly, rehabilitation services are offered to individual to reform themselves then being punished. Consisting of a psychiatric hospital and drugs and alcohol rehab clinic. Prison sentences only are used in the adult court system. The death penalty was outlawed in Germany on May 23, 1949.

Law Enforcement
There are police forces in each of Germany's 16 federal states. Each police force is organized differently due to the jurisdiction of each state, as outlined in the Basic Law of the Federal Republic of Germany. The duties of police executions are divided into several areas which are mostly the same in all the states. The general police forces of the states are mostly concerned with the prevention and prosecution of petty crime, traffic enforcements, and disputes. The criminal investigation department (The C.I.D.) deals with with serious offences including organized and industrial crime, sexual offences, robbery, blackmail, serious theft, homicide, drug trafficking and the manufacture and passing of counterfeit money. Terroism and hostage negotiation is dealt with by teams consisting of both the general police force and the C.I.D. Germany's Federal Boarder Guard has jurusdiction over the entire country of Germany. The Federal Border Guard is given the tasks of protecting the countrys border. In which, this unit is responsible for dealing with illegal entry of foreigners, organized crime, smuggling and drug trafficking. Also, this unit is in charge of protecting the offices of the Federal President, the Chancellor, and the Federal Constituitonal Court.

German police recruits spend about three years in total of training, however, the length of time for training may vary depending on previous education. All recruits are exempt from military services and women are allowed to serve on the police force in Germany. First, recruits attend a six month course at a training school where they are educated on law, legal procedures, and police conduct. After serving as a patrol officer for about six years officers whom have a outstanding record are eligible to take a examination for a higher rank. However, after passing the exam they must attend another two to three years of training school and study public administration. Lastly, the very few officers that qualify for the highest of ranks study for one more additional yea Federal Police Leadership Academy in Muenster-Hiltrupr.

Germany has a army consisting twenty-four combat brigades include sixteen mechanized brigades, three airborne brigades, one mountain brigade, and the German component of the Franco-German Brigade. As of 2000 Germany's army consisted on 233,000 personnel. The army has more than 7,000 army tanks and 3,250 armored infantry fighting vehicles. Germany also has a navy protecting is border consisting of about 30,000 personnel. The naval ship consists of twenty submarines, thirteen destroyers and frigates, and thirty-eight missile craft. The German military does not recruit women into services.

Crime Rates and Public Opinion
Generally, in most foreign countries tourists and elderly individuals of 60 years of age and older are most highly victimized target of crime. However, in Germany that is not the case. The German crime statistics indicate that the most common incidents include theft of unattended personal property, pick-pocketing, vehicle vandalism, vehicle break-ins, and residential break-ins. Within the last year credit card fraud/scams and property crime has increased with a decrease in violent crimes in Germany. In 2008 a 15% increase in right-wing violence, but this type of violence has gone down about 8% in 2009. Although, American tourists occasionally suffer from purse snatching and pick pocketing. the nationwide Epidemiological Survey on Addiction (ESA) was conducted in Germany in 2006. It shows that 25.4 % of the 18–59 year olds questioned have used illegal drugs at least once in their life. Based on the Epidemiological Survey must be assumed to be 2.4 million cannabis users and 645,000 users of other illicit drugs.

Family Law
The legal age of consent for marriage in Germany is 18 years old for both parties. However, A individual 16 years old with parental consent may marry but their partner must be 18 years of age or older. The only ground for divorce recognized by German law is the breakdown of a marriage. The breakdown of marriage is noted as if both spouses have not lived together for at least one year.

In Germany, for couples who wish to adopt a child there is no minimum age for a child to be adopted. Although, for parents that wish to give their child up for adoption may not consent to the adoption until the child has reached eight weeks old. Married couples must jointly adopt a child. As of 2001, same sex couples in Germany may enter into registered partnerships. Same sex couples now have basic adoption right, but do not have rights equal to married couples. Which means same-sex couples can not jointly adopt a child with their spouse as a married husband and wife can. The minimum age of 25 years old is required to adopt a child in Germany. If a spouse is younger than 25 years of age they can still jointly adopt a child as long as the other spouse is at least 25 years old, provided that the younger spouse is at least 21 years of age. There is no legal maximum age, but most children are not placed with a adoptive parent over 40 years old.

Inheritances are usually determined by decedent whom chooses a heir to take ownerships of their belongings. All rights and ownership of the property is granted to the heir chosen by the decedent upon the death of the decedent. In order of heir(s) to claim their inheritance they must hold a Certificate of Inheritance ("Erbschein")for any estate or bank assets. It is issued by a German surrogate court generally in the last residence of the decedent, if the decedent has no residency in Germany it is determined by the location of the assets of the estate .. If a heir wishes to give up their ownership of the inherited goods they must declare renouncement of succession to the German surrogate court within six weeks, or within six months if the heir resides out of the country.

Human Rights
The Constitution of the Federal Republic of Germany was passed in 1949. The fundamental rights of all German citizens are stated in the constitution. First off, In article one the Germans acknowledge of unalienable human rights as the basis of every human community to provide peace and justice of the world. It states "Human dignity is inviolable. To respect and protect is the duty of all the state authority".

All German citizens are equal before the law. Article three states "Men and women are equal. The state supports the effective realization of equality of women and men and works towards abolishing present disadvantages". Also, no citizen of Germany should be discriminated his sex, parentage, race, language, homeland and origin, his faith, or his religious or political opinions. Lastly, no individual should be disadvantaged because of their handicap disability.

All citizens have the right to assembly without permission, freedom to move within the federal territory. Citizens have the right to choose their occupation, where they wish to be employed, and the institution which they choose to study and train at. Slave labor is illegal in Germany. Nobody is to be forced to perform work of any particular kind. Forced labor is only allowed when a individual is ordered to forced labor by a court sentence. Lastly, all Germans have the right to form or join clubs and associations.

In Germany, there is a law in place stating all public institutions and places that provide special services are required to report the identity of any irregular migrant to the German authorities. Through this law migrants are restricted to health care, judicial remedies, and education for their children.

title: Comparative law and justice/Germany


text:
Comparative law and justice/Lithuania

Part of the Comparative law and justice Wikiversity Project

Phourahan 2352 22:22, 7 February 2011 (UTC)

Basic Information
Lithuania

Vinius, the Capital of Lithuania

Lithuania is an Eastern European nation whose land was founded in 1236 however did not formally become its own country until 1795. It borders the Baltic Sea between Latvia and Russia. The capital of Lithuania is Vilnius, located in the central part of the nation. The main language spoken throughout Lithuania is Lithuanian. It is not a Slavic nation, which is contrary to what many believe. It is a highly literate nation and places very strong emphasis on education.

Brief History
During World War I (1914-1918) the German military took over Lithuania, but at the end of the war, on 16 February 1918 in Vilnius, the Council of Lithuania declared Lithuania an independent state. In summer of 1922 the Lithuanian general assembly, in session since May 1920, approved a constitution that declared the country a democratic republic. During WWII, Lithuanian Independence became less recognized and for awhile, Lithuania was occupied by Germany once again. During the late 1980s, there were rapid political changes in Eastern Europe and the USSR sparked a resurgence of Lithuanian nationalism. Lithuanian Independence was declared in March of 1990, but the USSR used economic, political, and military pressure to allow Lithuania to remain within the union. Soon after Soviet Communism collapsed in August of 1991, the central government granted independence to Lithuania, Latvia, and Estonia on September 6, which allowed all three Baltic nations to be admitted to the United Nations later that month. In May of 1995, Lithuania became a new member of the European Union. Lithuania became a member of the North Atlantic Treaty Organization on March 29, 2004 after meeting the requirements of the state of treaty ratification in Washington, DC. Lithuania joined the European Union on May 1, 2004. Lithuania currently is its own independent sovereign nation.

Economic Development, Health, and Education
Since the nations independence in March 1990, Lithuania has made increased progress in developing a market economy of its own. About half of state property has been privatized and trade has become very diverse with an increased shift away from the former Soviet Union to Western markets. The Lithuanian economy supposedly bottomed out in 1994, and Vilnius's policies have laid the groundwork for intense recovery over the next few years. Recovery was built on Lithuanian's strategic location with its ice-free port at Klaipeda and its rail and highway hub in Vilnius which connected it with Eastern Europe, Belarus, Ukraine, and Russia, and on its agriculture potential, highly skilled labor force, and very diverse industrial sector. Lithuania lacks important natural resources, so it will remain dependent on imports of fuels and raw materials. Lithuania has done most of its trade with Russia, faced its own economic and financial crisis in 1999 as a result of the government's inadequate economic policies, and its inadequate response to the August 1998 Russian financial crisis. The year 2001 was an excellent year for the Lithuanian economy.

Lithuania guarantees free health care to all citizens. In 1990 Lithuania had more than 14,700 physicians and 2,300 dentists; its ratio of forty-six physicians and dentists combined per 10,000 citizens is comparable favorably with that of most developed nations around the world. In addition, in 1990 Lithuania had more than 47,000 medical personnel, or 127 per 10,000 population and 46,200 hospital beds, or 124 beds per 10,000 population. In the healthcare profession, Lithuania's cardiologists are the most advanced in the former Soviet Union. Important factors of Lithuania's health care is high alcoholism (191 cases per 100,000 persons), low drug use (3.1 cases per 100,000), and very few and rare diagnosis of (HIV) infection. Reported cases of HIV in 1992 were under 100. The main causes of death are heart diseases, accidents, cancer, and lung diseases. In addition to alcoholism, important risk factors for disease are smoking, a diet high in saturated fats, high blood pressure, and environmental pollution.

The creation of the modern system of education in Lithuania started in the 1990s. The Lithuanian education system covers preschool, general secondary, vocational, junior college, higher, and adult education. These various types of education are given at preschool education establishments, schools of general education, institutions, systems of vocational education, junior colleges, higher education institutions, and institutions of complementary and non-formal educational institutions. Education at state and local general education schools, vocational schools and junior colleges is free of charge to all lithuanian citizens. The two types of higher education institutions in Lithuania are universities and colleges. In college and university-type institutions, university-level studies dominate; in colleges, non-university-level studies dominate. Admission to all levels of college and education takes place on a competitive basis according to the admission rules set put in place by the higher education institution and confirmed by the Ministry of Education and Science.

Governance
The nation of Lithuania is a parliamentary democracy meaning that it is a a political system where the legislature (parliament) selects the government - a prime minister, or chancellor along with the cabinet ministers, according to party strength demonstrated in elections, by this system, the government acquires a dual responsibility, to the people as well as to the parliament of Lithuania. The President is elected for five years, by a majority of votes cast in parliament. If no candidate receives a majority vote, a run-off by the two top vote candidates is conducted. Some of the powers of the President of Lithuania are Establish, carry out, and implement foreign policy around the globe, grant pardons,and is Commander-in-chief of the Lithuanian Armed Forces and Chairman of the state defense council.

Elections
Members of the Seimas (general assembly of Lithuania) of Lithuania are elected for a four-year office term in 71 single-member constituencies and one multimember constituency on the grounds of universal and equal experience, by behind the scenes ballot in direct, mixed-system elections. Regular elections to the General Assembly are held on the year of the expiration of the authority of the Seimas members, on the second Sunday in October. 141 members of the general assembly are elected 71 - in single-member constituencies and 70 - in the multi-member constituency. In the multi-member constituency of Lithuania, it is voted for the lists of candidates and the rating of the candidates on the lists. The more votes are cast for a certain list, the larger the number of candidates from that list is elected into political office. Mandates are obtained only if a list receives at least 5% of the vote (in the case of a coalition -7%).

Judicial Review
Judicial review in the Republic of Lithuania is practiced by the Constitutional Court, established after the restoration of independence, and by the system of the courts with the Supreme Court overseeing the lower courts. In Lithuania however, judicial review is not very common and is rarely practiced.

Courts and Criminal Law
The Lithuanian court system is based on the traditional legal traditions of Europe. Since 1990 the remnants of the imposed norms and practices have been eradicated of Soviet tradition. The base of the Lithuanian court system consists of courts of general jurisdiction, which deals with civil and criminal matters concurrently. The Supreme Court, the Court of Appeals, as well as district and local courts carry out the functions of the Lithuanian court system. Judges of the Court of Appeals are selected by the President with the approval of the Seimas (Congress) Judges of the Supreme Court are appointed by the President directly.

Punishment
In Lithuania, it has been said that the Police Officers there are not very qualified, and cannot secure the citizens from danger. Unfortunately, this leads to a spillover in the Lithuanian legal system and specifically, the area of punishment. Lithuania is not very tough on crime. The Office of the Procurator General is an independent institution that is responsible for enforcing the penal code and making sure that the detention of criminal suspects is based on reliable and trustworthy evidence of criminal activity. The conditions of prisons in Lithuania are primitive, a legacy of the Soviet period, but have not been the subject of international concern or criticism to the same extent as in Russia and other former Soviet countries.

Legal Personnel
The Seimas is the Lithuanian General assembly. It is made up of 141 members that are elected for a four-year term. Lithuanian legal system is made up of lawyers, judges, police officers, and other lower court magistrates similiar to that of the US legal system.

Law Enforcement
The Police, also known in Lithuanian as "POLIS" are the main agency of law enforcement in Lithuania. The Lithuanian Police Department operates under the command of the Ministry of the Interior. The Lithuanian Police is a statutory organization, making sure that public order and safety occur while detecting and investigating the criminal deeds and other violations of law as well as rendering other social aid for the people. The Lithuanian Police is made up of four different branches: local branches, educational police institutions, special police institutions, and the common branch of the Police Department under the Ministry of the Interior. The Lithuanian Police is overseen by the Police Commissioner General named VIZGIRDAS TELYČĖNAS. He would to us be referred to as the Chief or Colonel of Police.

Crime Rates and Public Opinion
The overall crime rate in Lithuania is relatively low, and is considered a safe country. However the crime rate steadily began to increase in the late 1990s, early 2000s. Most of the crimes that saw an increase during this time period were robberies, assaults, and drug offenses, mostly non-violent crimes. But just recently, in December 2010, it was determined that Vilnius, Lithuania has the highest murder rate in the EU. Lithuania on average saw about nine murders per 100,000 people every year from 2002-08, more than any other EU nation. Organized crime has recently become a growing problem for Lithuania. Organized crime in Lithuania consists of murder, drug trafficking, weapons smuggling, radioactive material dealing, and human smuggling. Sex trafficking is also very common throughout the country. Most of the women are Lithuanian women who are coerced into a sex smuggling ring, and then exported to other European nations such as France, Germany, Italy, and the UK. As safe as Lithuania is considered to be, organized crime is about to put Lithuania's safe reputation in jeopardy. As far as public opinion is concerned in Lithuania, about 85% of its citizens support its government and its membership with the EU.

Rights
The constitution of Lithuania is made up of 154 Articles and was adopted by the people of Lithuania in 1992. Some main points and goals of the Lithuanian constitution are to defend the freedoms and independence of Lithuania, preserve the spirit, language, writing, and customs of Lithuania, and foster national concord in the nation of Lithuania. .

Family Law
During a divorce, a spouse may keep his or her married surname or the surname he or she had before the marriage. When a marriage is dissolved on the basis of the fault of one of the spouses, the court may at the request of the other spouse, prohibit the spouse at fault from retaining his or her married surname, except in cases where the spouses have children. The courts of the Republic of Lithuania all have jurisdiction over actions of divorce, dissolution of marriage or separation in the cases provided for by the Code of Civil Procedure of the Republic of Lithuania. The origin of a child shall be established either in accordance with the law of the state the citizenship of which the child received at his or her birth, or with the law of the state which is recognized as the domicile of the child at the time of his or her birth, or with the law of the state in which one of the child’s parents is domiciled, or with the law of the state the citizen of which one of the parents was at the time of the child’s birth, whichever is more beneficial to the child.

Social Inequality
The legacy of the Soviet control over Lithuania still lingers to this day despite the many improvements made throughout the nation. Many Lithuanians have not adjusted well to the market economy and the Lithuanian economy and social class structure has become one of poverty and deep disparities in income. In 2003, the wealthiest 10 percent of the population of Lithuania controlled 28 percent of the country's wealth, while on the other hand, the poorest 10 percent of the population only controlled about 3 percent of the nation's wealth. In 2004, the poverty rate in Lithuania was 16 percent, however that wealth varies a lot. For example, the rural poverty rate is 28 percent due to its lower pay rates and higher unemployment rates among agricultural workers. In general, some 55.1 percent of those living in poverty were aged 15 or younger. Lithuania experiences the same type of social inequality seen and felt in the United States. Lithuania suffers from a great deal of corruption by government officials, and feels the same type of class separation as in many capitalistic nations around the globe. n 1998 the Seimas (Parliament) passed a law on Equal Opportunities for Women and Men. The new Law prohibits direct and indirect discrimination against men and women and lead to the establishment of a legal obligation for state and private companies to enact gender equality principles in employment, education, science, etc.

Human Rights
The goals of the Lithuanian human rights center are to

1.) Spread the knowledge about international and European Union human rights standards, promotion of tolerance and respect to diversity. 2.) build awareness raising on issues of vulnerable groups and minorities 3.) Observance of human rights standards at the national level, providing suggestions and consultations to the government and the legislators throughout Lithuania.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Comparative law and justice/Lithuania


text:
Comparative law and justice/Romania

Part of the Comparative law and justice Wikiversity Project.

Basic Information
This is the all of the basic information for Romania,categorized into sub-groups Official name:Romania Total Area:238,391 km Weather: temeperate-continental,four seasons Neighboring Countries/Notable Landmarks: West of-Republic of Moldova, Ukraine, The Black Sea North of Bulgaria, North-North East of Yugoslavia East of Hungary South of Ukraine

Key Landmarks/Bodies of Water: The Black Sea The Carpathians Mountain Range The Danube River The Danube Delta River

Official Language: Romanian 91% Hungarian:6.7% Romany 1.1% Other:1.2% "În unităţile administrativ-teritoriale în care cetăţenii aparţinând unei minorităţi naţionale au o pondere semnificativă se asigură folosirea limbii minorităţii naţionale respective în scris şi oral în relaţiile cu autorităţile administraţiei publice locale şi cu serviciile publice deconcentrate, în condiţiile prevăzute de legea organică." (Romanian Constitution, Art. 120)

Capital:Bucharest; Population of 2.1 million

17 cities ranging from 100,000-300,000 people

41 Counties

Population 22,215,421:

Age-Gender Breakdown

0-14yrs:Males 1,772,583/Females 1,681,539

15-64yrs:Males 7,711,062/ Females 7,784,041

65+yrs Males 1,332,120/ females 1,934,076

Health+Education

Infant Mortality:

Male:25.94 deaths/1000 births

Female:19.66 deaths/1000 births

Life Expectancies:

Male:68.95 years

Female:76.16 years

Literacy:

Male: 98.4%

Female: 96.3%

Educational Attainment: 14 years for both males and females

Religions:

86.8% Eastern Orthodoxy

7.5% Protestant

4.7% Roman Catholic

Other .9%(mostly Muslim)

None .1%

Ethnicity:

Romanian 89.5%

Hungarian:6.6%

Roma:2.5%

Ukrainian: .3%

German: .3%

Russian: .2%

Turkish: .2%

Other: .4%

Form of government:Republic

President:Klaus Iohannis

Currency: Leu (RON)

GDP:$254.7 billion

GDP per capita:$11,500

Annual income:Household income

Highest 10% -20.8%

Lowest 10%-1.2%

Key industries
 * electric machinery and equipment,textiles and footwear,light machinery and auto assembly,mining, timber, construction materials,metallurgy,chemicals,processing of food,petroleum refining

Imports:machinery and equipment,fuels and minerals,chemicals, textile and products,metals,agricultural products

Exports:machinery and equipment, textiles and footwear,metals and metal products,machinery and equipment,minerals and fuels, chemicals,agricultural products

Brief History
Romania is a small country located in the south-east of Central Europe, it is wedged between Bulgaria and Ukraine. Romania began as many small countries, under the Turkish- Ottoman Empire from which they gained autonomy in 1856. In 1859 all the countries united to form what is now know as Romania. In 1878 the country gained its recognition as a free and independent country. During World War 1 Romania joined the Allied Powers and acquired new territories, including Transylvania. In 1940 Romania joined the Axis powers and in 1941 participated in the German invasion of the former USSR. In 1944 Russia invaded Romania and forced them to sign an armistice. This established a period of communist rule in Romania which lasted from 1947-1989. In 2004 Romania joined Nato, and in 2007 it joined EU.

Governance
Romania has been a Republic since 1947, and has held this political affilation since.

On Dec 8 1991 a constitution was established, and October 29 2003 it was revised

Three Branches of Government:

Executive branch: chief of state: President Klaus Iohannis (since 20 December 2014)

head of government: Prime Minister Victor Ponta (since 2012); Deputy Prime Minister  (since 23 December 2009)

cabinet: Council of Ministers appointed by the prime minister Legislative branch: bicameral Parliament or Parlament consists of the Senate or Senat (137 seats; members elected by popular vote in a mixed electoral system to serve four-year terms) and the Chamber of Deputies or Camera Deputaților (334 seats; members elected by popular vote in a mixed electoral system to serve four-year terms)

Judicial branch:

Supreme Court of Justice (comprised of 11 judges appointed for three-year terms by the president in consultation with the Superior Council of Magistrates, which is comprised of the minister of justice, the prosecutor general, two civil society representatives appointed by the Senate, and 14 judges and prosecutors elected by their peers); a separate body, the Constitutional Court, validates elections and makes decisions regarding the constitutionality of laws, treaties, ordinances, and internal rules of the Parliament; it is comprised of nine members serving nine-year terms, with three members each appointed by the president, the Senate, and the Chamber of Deputies

Elections
The age to vote is 18, and this is universal.

elections for Executive: president elected by popular vote for a five-year term (eligible for a second term); election last held on 2 November 2014 with runoff on 16 November 2014 (next to be held in November-December 2019); prime minister appointed by the president with the consent of the Parliament

election results: Klaus Iohannis elected president; percent of vote - Klaus Iohannis 55.3%, Victor Ponta 45.7%

The President of Romania shall be elected by universal, equal, direct, secret an free suffrage.) The candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists shall be declared elected.

In case no candidate has obtained such a majority, a second ballot shall be held between the first two candidates highest in the order of the number of votes cast for them in the first ballot. The candidate having the greatest number of votes shall be declared elected.

No one may hold the office of President of Romania but for two terms of office at the most, that can also be consecutive.

elections for Legeslative: Senate - last held on 2012 (next expected to be held in November 2016); Chamber of Deputies - last held on 2012 (next expected to be held in November 2016)

election results in 2008: Senate - percent of vote by alliance/party - PSD-PC 34.2%, PD-L 33.6%, PNL 18.7%, UDMR 6.4%, other 7.1%; seats by alliance/party - PSD-PC 49, PD-L 51, PNL 28, UDMR 9; Chamber of Deputies - percent of vote by alliance/party - PSD-PC 33.1%, PD-L 32.4%, PNL 18.6%, UDMR 6.2%, ethnic minorities 3.6%, other 6.1%; seats by alliance/party - PD-L 115, PSD-PC 114, PNL 65, UDMR 22, ethnic minorities 18

All of this information came from the Romanian Constitution.

"Candidates must have turned, up to or on the election day, at least twenty-three in order to be elected to the Chamber of Deputies or the bodies of local public administration, at least thirty-three in order to be elected to the Senate, and at least thirty-five in order to be elected to the office of President of Romania.

The Chamber of Deputies and the Senate shall be elected for a term of office of 4 years, which may be extended de jure in the event of a mobilization, war, siege, or emergency, until such event has ceased to exist.

Elections to the Chamber of Deputies and the Senate shall be held within three months at the most of the expiry of the term of office or the Parliament dissolution.

The newly elected Parliament shall meet upon convening by the President of Romania, within twenty days of the elections.

The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this period, the Constitution shall not undergo any revision, nor shall any organic laws be passed, amended or repealed."

Bills or legislative proposals entered on the agenda of the preceding Parliament shall be carried over in the session of the new Parliament.

How Laws are made:

Organic laws and resolutions concerning the Standing Orders of the Chambers shall be passed by the majority vote of the members of each Chamber.

Ordinary laws and resolutions shall be passed by the majority vote of the members present in each Chamber.

At the request of the Government or on its own initiative, Parliament may pass bills or legislative proposals under an emergency procedure, established in accordance with the Standing Orders of each Chamber.

Judicial Review
Romania uses the Austrian Model for judicial review. The main focus of this is that strong emphasis is given to the constitution and that only a high selected court officals can offer rulings about such decisions.

Courts and Criminal Law
Romania has a civil law system, based on the French model, with various levels of court hierarchy:

Local courts (Romanian: Judecătorii)

40 county courts and the Bucharest Municipal Court (Romanian: Tribunale)

15 Courts of Appeal (Romanian: Curţi de apel)

the High Court of Cassation and Justice (Romanian: Înalta Curte de Casaţie şi Justiţie)

the Constitutional Court (Romanian: Curtea Constituţională)

Statute of judges

The judges appointed by the President of Romania shall be irremovable, according to the law.

The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall only be within the competence of the Superior Council of Magistracy, under the terms of its organic law.

The office of a judge shall be incompatible with any other public or private office, except for academic activities. Courts of law ARTICLE 126

Justice shall be administered by the High Court of Cassation and Justice, and the other courts of law set up by the law.

The jurisdiction of the courts of law and the judging procedure shall only be stipulated by law.

The High Court of Cassation and Justice shall provide a unitary interpretation and implementation of the law by the other courts of law, according to its competence.

The composition of the High Court of Cassation and Justice, and the regulation for its functioning shall be set up in an organic law.

It is prohibited to establish extraordinary courts of law. By means of an organic law, courts of law specialized in certain matters may be set up, allowing the participation, as the case may be, of persons outside the magistracy.

The judicial control of administrative acts of the public authorities, by way of the contentious business falling within the competence of administrative courts, is guaranteed, except for those regarding relations with the Parliament, as well as the military command acts. The administrative courts, judging contentious business have jurisdiction to solve the applications filed by persons aggrieved by statutory orders or, as the case may be, by provisions in statutory orders declared unconstitutional.

Punishment
In Romanias early history the main form of punishment was the death penalty, and it was only used during times of war.

During the 1940's when Romania was under control of the communists the way to enact the dealth penalty became a firing squad.

Since 1989 and up to today the dealth penalty has been a jumpy topic, but it has since been abolished.

Legal Personnel
This is all of the legal information for Romania

Law Enforcement
Police Structure:

The main police "agencies" in Romania are:

The National Police: Is the main civil law enforcement agency

Functions and missions: The Romanian National Police is the specialized state institution responsible for the protection of citizens’ fundamental rights and liberties and private and public property, as well as the prevention and identification of crimes and maintenance of public order and safety. Starting in 1990, the National Police underwent re-structuring to improve individual and collective safety, protect citizens’ legitimate rights, as well as other rights provided by international agreements signed by Romania as a partner state.

Structure and organization The General Inspectorate of Romanian Police is the central unit of police, a legal entity with general territorial competences, which manages, guides, supports and controls the activity of the subordinate police units, investigates and analyzes very serious crimes related to organized crime, economic, financial or banking criminality, or to other crimes investigated by the Prosecutor’s Office of the Supreme Court of Justice. The organizational break-down of the General Inspectorate of Romanian Police includes general directorates, directorates, services and offices established by the order of the Minister of Administration and Interior

Border Police: As the name suggests these police deal with issues on all of the borders of Romania

Romanian Gendarmerie:

General information The Romanian Gendarmerie is the state’s specialized institution, with military status, within the Ministry of Administration and Interior which, according to the law, is tasked to protect public order and security, citizens’ rights and fundamental liberties, public and private property, to prevent and detect crime, to protect the state’s fundamental institutions and to combat terrorist acts.

Role of Military:

Military branches: Land Forces, Naval Forces, Romanian Air Force (Fortele Aeriene Romane, FAR), Special Operations (2010) Military service age and obligation: 18-35 years of age for male and female voluntary military service; conscription officially ended October 2006; all military inductees (including women) contract for an initial 5-year term of service, with subsequent successive contracts for 3-year terms until age 36 (2009)

All the data seems to indicate that Romania is a centralized Multiple Uncoordinated structure. There are three police forces that do not work together, but are all controlled by the government.

Crime Rates and Public Opinion
Little is known of Crime in Romania, but this is what is known:

Is crime common? Obviously crimes occur but they are not as common as in many other countries, transnational crime is also a big issue with the use of illicit drugs being a primary issue. Many crimes in the country are not domestically focused, but instead are aimed at foreigners.

What crimes are typical? Most crimes in Romania are non-violent and non-confrantational. As for crimes geared towards foreigners the most common are robbery, mugging,pick pocketing, with internet fraud, and credit card fraud being the most common.

Homicide Rate: 732 Murders total

Other key crimes reported:

Theft:

Robberies-3,025

Burglaries-12,013

Assault:11,137

Sexual Assault:1,253 rapes

Drug Offenses: 1,291 per 100,000 people

Reporting Problems: The main issue that may make these numbers less reliable would simply be that many crimes do no get reported.

Source: The main sources I used were a travel website that was designed to inform people traveling to the country all sorts of different things. The other a website caused nationmaster.com which provided the statistics shown here.

Public Opinion: The idea of public opinion of crime is still in it's infancy in Romania. For police and crime however the population appears to be on the fence so to speak. 44.8% of the population feels that police do not work. 49.9% think that police do work.

Family of Law: Romania uses a form of Civil Law that does not accept compulsory ICJ.

Rights
These are the specific rights given to citizens of Romania, and offer guidelines to other rights.

Family Law
"Under socialism the abolition of private property would result in relationships between couples founded solely on love, and the emphasis on collective life would diminish the importance of the family as a unit for nurturing children.

The Evolution of Family Law Family law in socialist Romania was modeled after Soviet family legislation. From the outset, it sought to undermine the influence of religion on family life. Under the ancien régime, the church was the center of community life, and marriage, divorce, and recording of births were matters for religious authorities. Under communism these events became affairs of the state, and legislation designed to wipe out the accumulated traditions and ancient codes was enacted. The communist regime required marriage to be legalized in a civil ceremony at the local registry prior to, or preferably instead of, the customary church wedding. Overall, a more liberal legal atmosphere prevailed, granting women greater rights within the family. The predominance of the husband was reduced, and the wife was given equal control over children and property and was entitled to keep her maiden name. The divorce procedure was greatly facilitated. In fact, if both parties wanted a divorce, and there were no children involved, the dissolution of the marriage could be accomplished simply by sending a joint statement to the local registry office. In addition to the right to divorce with relative ease, abortion on demand was introduced in 1957."

Because of the more liberal procedures, the divorce rate grew dramatically, tripling by 1960, and the number of abortions also increased rapidly. Concern for population reproduction and future labor supplies prompted the state to revise the Romanian Family Code to foster more stable personal relationships and strengthen the family. At the end of 1966, abortion was virtually outlawed, and a new divorce decree made the dissolution of marriage exceedingly difficult.

As part of the program to increase birthrates, the legal age for marriage was lowered to fifteen years for women in 1984, and yet the rate of marriage remained quite steady--on average about 9 marriages per 1,000 people per year. The divorce rate remained well below 1 per 1,000 until 1974. A study published in 1988, however, showed that the divorce rate had risen steadily since 1974, although not to the pre-1966 level. Much family legislation concerned women in the workplace and was designed to increase the size of families. Provisions for pregnant women and working mothers were comprehensive and generous. Expectant and nursing mothers were not permitted to work under hazardous conditions, were exempt from overtime work, and after the sixth month of pregnancy and while nursing were exempt from night work--all with no reduction in salary. Changes in Family Structure Family Life The process of socialist modernization greatly affected family life. Through education and a comprehensive welfare system, the state assumed responsibility for providing assistance and transmitting values. Although the family was identified as the fundamental unit of socialist society, and it heavily influenced the values of the younger generation, its primary role had become population reproduction. Family life for rural Romanians differed in many respects from that of urban families. Their living standards were lower, and they maintained values and behavior patterns that were firmly rooted in traditional peasant life. Rural family life was much more heavily influenced by religion than was urban society. Romanian Orthodoxy, rich in tradition, dictated the rhythm of life in a calendar of numerous holiday celebrations. Furthermore, although the influence of religion was not eradicated, it certainly declined, especially in urban areas, creating an unforeseen problem.

Social Inequality
The inquality in Romania

Human Rights
One of the main issues in terms of Romanian rights is the poor prision conditions. They are not suitable living conditions and prisoners endure constant harrassment and punishment from the guards, even though this was supposedly banned by the Romanian constitution. .

There was a limit that was placed on the practice of free religon.

Homosexuals or people with HIV are discriminated against

Women and children are discriminated against

The Association for the Defense of Human Rights in Romania- Helsinki Committee (APADOR-CH) asserted in previous years that police made excessive use of firearms in cases of minor crimes. The Romani Center for Social Intervention and Surveys (Romani CRISS) criticized the disproportionate use of force in Roma neighborhoods, including the use of firearms. There were no reports during the year of deaths or injuries in Roma neighborhoods from police use of firearms.

Prison conditions remained harsh and generally did not meet international standards

Freedom of Speech and Press The law provides for freedom of speech and of the press, and the government generally respected these rights in practice. Journalists and private citizens could criticize government authorities, including those at senior levels. There were isolated cases of authorities intimidating or censoring the press or attacking journalists. Laws restricting freedom of speech continued to cause concern among the media and NGOs. Insulting state insignia (the coat of arms, national flag, or national anthem) is also an offense punishable by imprisonment; however, there were no reports of prosecutions or convictions under these provisions during the year. The religion law includes a provision that forbids acts of "religious defamation" and "public offense to religious symbols"; there were no reports of prosecutions or convictions under this law's provisions during the year.

Freedom of Religion The constitution and the law provide for freedom of religion, and the government generally respected this right in practice; however, there were some restrictions, and several minority religious groups continued to claim credibly that government officials and Orthodox clergy impeded their proselytizing and interfered with other religious activities. Under the religion law, the government implemented a discriminatory three‑tiered system of recognition: "grupari religioase" (religious groups that are not legal entities), religious associations, and religions. Gruparile religioase are groups of individuals who share the same faith but do not receive any support from the state or tax exemptions. Religious associations are legal entities that do not receive government funding, have to be registered as such in a religious association registry, and are exempted from taxes only for places of worship. Religious associations must have 300 members from the country and are required to submit members' personal data to register, in contrast to nonreligious associations that can register with only three members. To receive religion status, a religious association must demonstrate 12 years of continuous religious activity and meet a membership threshold of 0.1 percent of the total population (approximately 22,000 members).

Racism against other ethnic groups is still widely seen.

Women Rape, including spousal rape, is illegal. The law prohibits any act of gender discrimination, including sexual harassment; however, public awareness of the problem continued to be low. No effective programs existed to educate the public about sexual harassment.

The law guarantees the right to information, education, and services for reproductive health without any discrimination, as well as the right to access modern family planning methods.

The law grants women and men equal rights, including under family law, property law, and in the judicial system. Discrimination against Roma continued to be a major concern. Romani groups complained that police brutality, including beatings and harassment, was routine and that societal discrimination was pervasive.

The law prohibits discrimination based on sexual orientation; however, NGOs reported that police abuse and societal discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons was common and that open hostility prevented the reporting of some harassment and discrimination

title: Comparative law and justice/Romania


text:
Comparative law and justice/Fiji

Part of the Comparative law and justice Wikiversity Project

Basic Information
Fiji, officially known as The Republic of Fiji, is comprised of approximately 330 islands located in the South Pacific; southwest of Hawaii, and north of New Zealand. The two largest volcanic islands are Viti Levu which contain the capital; Suva and also the majority of the Fijian population and Vanua Levu. These islands account for eighty-seven percent of the country's total land area. The whole group of islands lie in a rectangle between fifteen and twenty-two degrees south latitude and one hundred seventy-five degrees east longitude. As of 2010,the population of Fiji was 847,793 people, ethnically including Polynesian and Melanesian peoples. Melanesian and Polynesian peoples settled in the Fijian islands some 3,500 years ago. There are three major languages of Fiji; English, being the most common, as well as Fijian and Hidustani. By the nineteenth century, the primary religion of the Fijian people was predominately Christian, but Hindu and Muslim communities are present among the islands as well. Fiji's average life expectancy at birth is 74 years and it's illiteracy rate is 8% of it's population. Fiji's total surface area is 7078 sq. miles. Fiji remains to be one of the more developed countries in the Oceania region, due to their sugar processing industry, as well as frequent tourism. Fiji's agricultural industry is also extremely prosperous with products including; sugarcane, coconuts, bananas, rice, sweet potatoes, etc. The climate of Fiji is extremely tropical and the temperature stays consistently warm, with only slight changes. Most of the smaller islands of Fiji are inhabitable due to their mountainous terrain and volcanoes. Even though these volcanoes such as, Nabukelevu Volcano located on the third largest island in Fiji; Kadavu are not active, they still cause frequent earth quakes during the course of the year.

Brief History
The first and original settlers of Fiji were the Melanesians. It is highly argued that first settlers were Polynesians however Fijians of the past and of present day share zero similar phenotype or genetic similarities with Polynesians. The first settlers are believed to have come from more African origins as per cultural value of items such as the tabua (whale's tooth), forms of traditional money practices and adornment. The Lau group of Fiji, closer to Tonga, and parts of Viti Levu are the only parts of Fiji that have traces of Polynesian influences due to Tongan settlers during the Tongan invasion. These traces are shown more in Lauan dances, and certain styled artifacts brought by the settlers, yet the foreign culture had close to no effect on the culture of the Fijians.

Fiji was discovered by Dutch explorer, Abel Tasman. In 1874, Fiji became a British colony for nearly a century. Under rule of the British, Fiji remained a colony until gaining their independence on October 10th, 1970. This marked a major turning point for the country and the people of Fiji in hopes to developing a democratic way of government. However, Fiji's plan was briefly interrupted by many military coups during the nineteenth century, having great negative impacts on the country as a whole. The coups took place between 1987 until the final one, occurring in 2006. During this time Fiji also experienced a number of name changes. From its name Dominion of Fiji, the nation was newly named, The Republic of Fiji. Then again in 1997, resulting in its final name change to The Republic of the Fiji Islands. The National Anthem of Fiji is called "God Bless Fiji" which was adopted in 1970.

Economic Development, Health, and Education
Since Fiji is one of the most industrialized, more developed Island in the South Pacific, it's economy is prosperous. Industrial trade and tourism account for the majority of Fiji's economic development and source of revenue. Since the 1980's Fiji's tourism has increased immensely and has become the leading source of economic activity for the islands and continues to be it's main source of foreign currency.Sugar processing makes up one-third of industrial activity but is not efficient. Fiji's tourism industry was damaged by the December 2006 coup and is facing an uncertain recovery time. In 2007 tourist arrivals were down almost 6 percent, with substantial job losses in the service sector, and GDP dipped. The coup has created a difficult business climate. Sugar exports, remittances from Fijians working abroad, and a growing tourist industry. Fiji's annual tourism rate total is about 400,000 to 500,000 per year. Fiji's gross earning from tourism were 430 million dollars, doubling it's amount from its leading trade exports. Fiji's GDP (official exchange rate) is 3.154 billion dollars in 2010. Also Fiji's per capita rate in 2010 was $4,300 dollars. Poverty has stricken some parts of Fiji leaving the population living below the poverty line at 25.5 percent, as well as the unemployment rate at 7.6 percent in 1999. Exporting and importing makes up a great deal of Fiji's international revenue for the country. Specifically, the United States makes up 15.21 percent of Fiji's exporting partners. Some commodities that are exported include; sugar, garments, gold, timber, fish, molasses, and coconut oil. Another important aspect that the Fijian economy relies heavily on is importation. Some commodities that are imported into the country are, manufactured goods, machinery and transport equipment, petroleum products, food, and chemicals.

-Fiji sugar cane train transporting loaded cane wagons among the islands.

Governance
Fiji practices a common law system of government, based on the British system. Fiji is a parliamentary democracy, comprised of four divisions of administration. The government type is a republic. The President is selected by general election and serves as head of state and head of armed forces. He serves a term of five years and is considered privileged to be in such an honorable position, idolizing the British powerful roles in the past. The prime minister, Laisenia Qarase serving since September 10 2000,serves as head of the government, and a bicameral parliament consisting of a Senate made up of thirty-two seats and an elected House of Representatives consisting of seventy-one seats. Most of the governance headquarters mostly exist within the Nausori. Prior to this Fiji had experienced much hardship when numerous occurrences of coup d' etats leaving Fiji's economy devastated and it's government actually fell in 1993. The Constitution was completely reviewed and restored, not only with the help of the government,encouraging multiculturalism and multiparty government mandatory. They accepted their new Constitution and believed it to ensure political and economic stability. Fijian residents and non-residents are taxable according to income under the Tax Act of 1974.

Elections
Since the country's independence, Fiji has held nine elections. The members of the Senate are not elected, they are nominated. In order to participate in the voting elections in Fiji, a citizen must fulfill the following criteria; must be twenty-one years of age, must be a resident of the colony, must be able to read and write, and must be a British subject. Elections held under the new and latest Constitution resulted in a victory of the Labor party, which was led by the Prime Minister, Mahendra Chaudhry. The President is elected by the Great Council of Chiefs for a five year term and is eligible for a second term. Supreme Court judges are appointed by the president, similar to the United States. The political parties that make up Fiji include the Fijian Democratic Party (FDP), The Fijian Labor Party, The Fijian Freedom Party, etc.

Judicial Review
Fiji does have judicial review, under the Human Rights Act of 1998. It also holds jurisdiction, with some reservations and exceptions. Detainees have the right to judicial review of the grounds for their arrest. Even though not referenced in their Constitution, Fijian Courts use English Common Law as a precedent. The judicial decisions made in the High Court have been found to be very persuasive in other surrounding pacific countries.

Courts and Criminal Law
The Penal Code 1944 preserves liability for common law acts. It appropriately states; provides for the allocation of criminal jurisdiction among the Courts of Fiji. Provides general offenses to criminal liability such as, lack of intention, insanity, intoxication, immature age, defense of person or property, previous acquittal or conviction, or execution of court orders. Prescribes sentences that may be imposed and defines the principal criminal offenses. Under the Probation Act of 1952, the Court may order one to three years of probation to an offender in place of a sentence as an alternative. Fijian Juvenile Court uses a separate system, only for offenders seventeen and younger. The judges consider the well-being of the juvenile and emphasize education, removal of surroundings, maintenance, and training. In the event that a juvenile is convicted under an aggravated violent crime, he will be detained and placed in prison. Civil proceedings must begin with a writ or summons in order to appear before a Magistrate; who regulates all civil proceedings. Also, a Magistrate may dismiss minor charges if there has been a proper apology or just compensation has been payed. In the High Court, the judge is accompanied by two lay assessors for advice on the decision. If the judges so chooses, he can disagree with the lay assessors and give a valid opinion to the Court as to why in his decision. The procedures to follow in order to appeal to the Court of Appeals from the High Court is a notice of appeal. Magistrate Court> High Court> Court of Appeal. The standards of liability in tort law in Fiji is similar to the system of common law jurisdictions, with little involvement by parliament. The system is largely based on roles of the statues, with areas of strict liability as well as areas of limiting liability. Among the torts dealt with in Civil Court, the comparative negligence standard is applied. Under this standard, the court can authorize a reduction in the plaintiff's damages "to such extent as the Court thinks just and equitable having regard to the claimant's share in responsibility."

Punishment
Fiji does have capital punishment, but for only violators of treason and genocide. Fiji's maximum penalty for murder, rape, arson, as well as other serious crimes is life in prison. Under The Penal Code offenders that are convicted of a violent crime are eligible for corporal punishment. A male between the ages of seventeen and thirty-five can receive up to twelve strokes. The amended Penal Code deems that a male or female offender of sexual assault can receive a sentence of life imprisonment, if the victim is under 13 years of age. If they are over 13 years of age then the offender can receive up to 20 years imprisonment. Prior to this, female sexual assault offenders could only receive a maximum sentence of seven years.

Legal Personnel
Legal Personnel in Fiji is extremely limited and has decreased significantly. The shortage of legal professionals resulted in the late 1980's, when the majority of the Indians who held such positions, (150 at the time) left the country seeking more opportunity. In order to be considered into the legal profession, a person must contain a law degree and then be admitted to practice as a solicitor by the Chief Justice for one year. Fiji has no law school, but students who wish to obtain a law degree frequently travel to Australia, New Zealand, or Papua New Guinea. Fiji has a large number of government corporations which devote a large amount of money and public service to economic activity and regulatory services such as; Fiji National Bank, the Civil Aviation Authority,Housing Authority, Ports Authority, Sugar Board, etc. Fiji is a member of the United Nations as well as The World Bank. Fiji is also a member of the South Pacific Regional Trade and Economic Agreement which allows them entry from goods from other Pacific countries. The major human rights issue that still needs resolving since the 1990 constitution; which created a racially- favored parliament where more seats allotted to indigenous Fijians than to Indo-Fijian. Currently however, both races now represent the parliament and significant changes have been made to reduce the problem of discrimination among the Fijian people.

Law Enforcement
The Fijian Police Force is maintained by the National Security Council, made up of the Prime Minister, the Minister of Foreign Affairs, Home Affairs, the Attorney General, the Commissioner of Police, and the Commander of Military Forces. Local civilian authorities maintain control and order within the populated cities. The Ministry of Home Affairs, headed by the minister for defense, oversees the Fiji Police Force, which is responsible for law enforcement and the maintenance of internal security. After the 2006 dismissal of the police commissioner and his deputy, deputy army commander Captain Esala Teleni was appointed commissioner. Also, The Republic of Fiji Military Force (RFMF) has maintained since 2005 it has a broad constitutional responsibility for national security that also extends to domestic affairs. Since Fiji has a unified police force, the Commissioner of the Police Force has control over the entire police force and has administrative power as well. He is appointed by the Constitutional Office Commission and oversees appointments below him in accordance with the Fijian Constitution.

Crime Rates and Public Opinion
Police statistics indicate that Fiji, with a crime rate of 28 per cent, has one of the highest per capita crime rates in the world. Compared to the United States, Fiji's murder rate was 2.90 per 100,000 population, while the United States was 4.55. Most crimes occur in the larger population centers of Viti Levu, in cities such as Suva, Nadi and Lautoka. The Following is a table provided by the Fiji Island's Bureau of Statistics of Crime with data from 2006 to 2008.

In 2004, Fiji repealed the Dangerous Drugs Act which implemented new laws that strengthened the existing enforcement of illicit drugs in aspects of possessing,trafficking, manufacture, storage, administration and use. Illicit drug trading has separate consequences. This Bill allowed for more effective enforcement and regulation. Convicted offenders of these may experience long jail sentences and heavy fines. This Act also introduced a system for the Court for mandatory sentencing for illicit drug offenders. The illegal drug problem in Fiji pertains mainly to the cultivation, possession and use of marijuana. Fifty percent of people under the age of 25 are drug offenders in Fiji. This trend is recognized at a national level and is similar to international statistics of marijuana. There has been one major drug operation organized and implemented by the Fiji Police Force in October 2000, involving authorities from other countries that resulted in the obtainment of large amounts of heroine.

Family Law
Marriage may be contracted by males of the age of eighteen and females of the age of sixteen with consent of a parent. Fijian people who have been married in a civil ceremony do not consider themselves officially married until they undergo an Indian religious ceremony. Polygamy is not recognized in Fiji nor is legal. The grounds for divorcing or voiding a marriage are as follows; adultery, willful desertion, habitual cruelty,rape, sodomy,habitual drunkenness, continuous living apart, conviction of attempted killing, unsoundness of mind (insanity), etc. The concept of no-fault divorce does not exist in Fiji. The custody of any children under the age of eighteen must be made when the marriage is dissolved or separation is in act. The Adoption Act of Infants of 1944 has made adoption of an infant available to a married or unmarried person. The person must be twenty-five years or older and must be at least twenty years older than the infant. Illegal customary adoptions are extremely common in Fiji, but are not recognized by the law. Only approximately one hundred adoptions are completed legally under the Adoption Act per year. Abortion, under the Penal Code is a crime in Fiji and is punishable up to seven years in prison. Unless a doctor in "good faith" believes it is in the interest of the pregnant women to terminate their pregnancy. There is no legislation in Fiji that regulates the compensation of personal property of interest. In Fiji a person eighteen or older may create a will. The will must be written and signed by the person making it. All Fijian people who join the military are required to make a will and are permitted to make a verbal one in this case. Inheritance laws in Fiji require the surviving spouse, if not specified at least two-thirds of the deceased estate, and income.

Constitution/Rights
The 1990 Constitution states that it is the supreme law of Fiji and anything else is void. It includes guarantees of individual liberty and places limits on the parliament to enact laws. The Constitution can be amended with the agreement of three-quarters of the Senate. Fiji also have statues that incorporate and reflect all of the amendments. The Fijian Constitution preserves the following rights to the people; right to life, right to personal liberty, from slavery, forced labor, inhuman treatment, deprivation from property, freedom of expression, movement, assembly and association, from racial discrimination, etc.

Human Rights
There happens to be occasional complaints about the police, violating human rights of the Fijian people, but most are dealt with and members of the police have been charged and tried. Search and Seizes provisions in Fiji permit a search without a warrant is the person is validly arrested, a search without a warrant is the police have reasonable suspicion that the search will reveal stolen property, the search with a warrant that was ordered and obtained by a magistrate. Fiji Courts will not eliminate evidence that was obtained during an illegal search, even if the search violated the person's constitutional rights. The right of the Fijian people from the government taking of their land is protected under the Fijian Constitution. Property must be compulsory acquired if; reasonable notice for intention to take is given, an order by the High Court to take is given, the purpose of taking is for a public purpose that satisfies the High Court, the High Court authorizes an agreement of compensation. The Employment Act of 1964 provides the Fijian people with a support and assistance, if concern or problems arise that affect their employment and labor. This act applies to all employers, private as well, but does not apply to the police or military. This act also requires that employment contracts more than six months must be in writing. This act prohibits the dismissal except for certain circumstances, deductions from wages, employment of children under the age of twelve, employment of women and children after 8:00pm and before 6:00am, etc. Fijian people are entitled to workers compensation if eligible. A person is eligible according to a predetermined scale of injury arising out of or during employment. This right also provides the Fijian people with compensation from a work related disease that results in disability or death.

title: Comparative law and justice/Fiji