Contempt of Court In Facie Curiae; Problems of Justification, Application and Control with Reference to the Situation in Botswana

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• 作者：Bugalo Maripe
• 刊名：Criminal Law Forum
• 出版年：2016
• 出版时间：September 2016
• 年：2016
• 卷：27
• 期：3
• 页码：291-329
• 全文大小：471 KB
• 刊物类别：Humanities, Social Sciences and Law
• 刊物主题：Law
  Criminal Law
  International, Foreign and Comparative Law
  European and Public International Law
  International Economics
  
• 出版者：Springer Netherlands
• ISSN：1572-9850
• 卷排序：27

文摘

The existence and exercise of the power to order summary punishment for contempt of court is a much contested terrain. Its antiquity and ubiquity pervade many states across the globe, and in particular in the Anglo-American legal system. This state of affairs has much to do with its very nature and justification. The procedure itself potentially compromises time honoured requirements and practices of due process of law, and also potentially sanctions the fusion of characteristics of an aggrieved person, prosecutor and judge in the same person. Notwithstanding these misgivings, it has continued to be practiced in many parts of the world. Given these exceptions to norms, its scope has been very difficult to delineate, to an extent that although attempts have been made to lay down general principles for its application, the range of conduct necessary for its invocation is so amorphous, malleable and indefinite as to present a difficulty in justification. This has raised many questions both as to its legality and or justification. This article is just but one attempt to answer the questions raised, to the extent possible, and later on to survey its exercise in the context of the jurisdiction of Botswana.Associate Professor of Law, University of Botswana, Gaborone, Botswana. E-mail: Maripeb@mopipi.ub.bw.