justice and democracy

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