An Evaluation Study on the Removal procedure of Judges under the constitution of Bangladesh

Table of Contents

I.  Introduction		4
II.  Switzerland’s legal and political systems in a nutshell		5
A.	Switzerland’s legal system	5
B.	Switzerland’s political system	7
C.	Switzerland’s federalism	7

III.  Structure and powers of the judiciaries		8
A.	Switzerland’s court structure	8
1.	The fundamental distinction between public law and private law	8
2.	The Federal courts	9
3.	The courts of the Cantons	9
B.  New Zealand’s court structure		10
C.  The powers of the judiciary		11
1.	The powers of the Swiss judges	11
2.	The powers of the New Zealand judges	12

IV.  Appointment of judges		13
A.  Who is eligible to be a judge?		13
1.	Who is eligible to be a Swiss judge?	13
2.	Who is eligible to be a New Zealand judge?	14
3.	The Swiss debate on lay judges	15
4.	Jury trials	15
5.	The role of law clerks	16
B.  Who appoints the judges?		18
1.	Who appoints the judges in New Zealand?	18
2.	Who appoints the judges in Switzerland?	19
C.  By which criteria are judges selected?		23
D.  The take on appointment boards		26
E.  The take on political influence		28

V.  Discipline and removal from office of judges		33
A.  Term of office and re-election of Swiss judges		33
B.  Obligations of Swiss judges vis-à vis their parties		36
C.  A de facto tenure?		37
D.  Discipline and removal from office of Swiss judges		42
1.	Discipline and removal from office of Federal judges	42
2.	No discipline or removal from office of Federal Supreme Court judges	46
3.	Discipline and removal from office in the Cantons	47
E.  Discipline and removal from office of New Zealand judges		48
VI.  Conclusions		53