UIHistories Project: A History of the University of Illinois by Kalev Leetaru
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Repository: UIHistories Project: War Publications - WWI Compilation 1923 - Article 48 [PAGE 17]

Caption: War Publications - WWI Compilation 1923 - Article 48
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judiciary: (Hardly more than 100 judges In England). French Judges poorly paid. Jury trial in criminal cases, but not in civil cases. (Seven out of 12 may return a verdict). Criticism of French procedure: secret grilling examination of the accused before indictment by Juge d' instruction; harassing examination by the judge at the trial; no cross examination by counsel; hearsay evidence admitted; Judges take an active part in the trial (compare American and English practice). Since 1895 provision for reparation in case of conviction of innocent persons (compare England and the United States.) Administrative Courts: Jurisdiction of controversies between individuals and tho administrative authorities. Much criticized in England and the United States. French courts no power to adjudge acts of the legislature unconstitutional, but may refuse to enforce illegal executive ordinances. D. In Germany. Uniform system of law, procedure and judicial organization for all the empire. The judicial service is a profession. Admission only after completion of prescribed course of study and a state examination. All judges appointed for life and are irremovable except by the court of which they are members, sitting as a disciplinary tribunal. No transfer except with equal rank and pay. In both Germany and France members of the bar are rarely appointed to high judicial position. (Contrary practice in England and U. S.) As in France the courts are collegial in organization; rarely held by a single judge. Jury trial in criminal cases (8 out of 12 may return a verdict.) As in France there are special administrative, commercial and industrial courts. Different from France, however, the administrative judges are irremovable by the government.

2. Local Government.

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A* In the United States the right of local self-government is regarded as an essential feature of democracy. Counties, cities, villages and townships elect their own officials and determine their own policies. Local officials are rarely appointed by the central government and except in a very few states none of them may be removed by the governor. Nor is the local administration subject to the control of the central government. But the powers of the local government are in general only such as are granted to them by the constitution or by acts of the legislature. (Note that some cities have "home rule" charters). Query: Since many local officials (sheriffs, mayors, health officers and the like) are charged with th« enforcement of state governor have the power to direct even dismiss them?

B. In England. The local areas, counties, cities, boroughs, districts I parishes have popularly elected councils which in turn ch se Large powers of self-gov 18