The Role of a Judicial Educator/Instructor in Environmental Law by Justice Dennis Adjei
Environmental law plays a crucial role in adjudication, particularly in cases involving environmental crimes such as improper disposal of substances and illegal mining. Justice Dennis Adjei emphasizes the importance of judges maintaining their judicial oath while adjudicating volatile environmental cases, ensuring fairness and independence in their decisions.
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. THE ROLE OF A JUDICIAL EDUCATOR / INSTRUCTOR IN ENVIRONMENTAL LAW BY JUSTICE DENNIS ADJEI (Justice of the Court of Appeal, Director of the Judicial Training Institute, Ghana) 26TH -28TH JUNE, 2017.
ENVIRONMENTAL LAW Environmental law has become an indispensable discipline in adjudication. Judges role in determining Environmental Crime has become critical due it s sensitive nature.
ENVIRONMENTAL CRIMES. Use of poisonous substance in fishing . Improper disposal of radioactive substances into rivers or the sea. Adverse effects of some religious activities.
CONT. ENVIRONMENTAL CRIMES. Conspiracy between foreigners and indigenes in illegal alluvial mining. Improper disposal of human excreta by foreigners during illegal alluvial mining in rivers.
EXPECTED PUNISHMENTS TO OFFENDERS. Affected victims expect severest sentence meted out to suspects. Institution of sensitive class actions due to the number of persons and injuries each has suffered from any environmental pollution.
CONT. EXPECTED PUNISHMENTS TO OFFENDERS. In some jurisdictions, people may bring an action to terminate an environmental pollution without establishing locus standi.
ADJUDICATING ENVIRONMENTAL CASES. Should Judges treat environmental cases differently by virtue of its volatility? Judges should be reminded of their judicial oath when adjudicating no matter how volatile it may be.
CONT. ADJUDICATING ENVIRONMENTAL CASES. Judges should not be intimidated when exercising final Judicial power. Judges should not allow their judicial independence be interfered with as it can affect the potency of the Court.
CONT. ADJUDICATING ENVIRONMENTAL CASES. Judges must avoid external influence apart from considering social considerations in preserving his or her dignity. Judges to bear in mind social and economic factors when awarding damages.
CONT.ADJUDICATING ENVIRONMENTAL CRIME. Social factors to consider when imposing sentences on offenders: upsurge of the offence country's position on environmental crime impunity in which the crime was committed and negative impact of the offence on the populace.
