What are the Austrian Legal Boundaries, if Any?
Reader comment on: "A Black Day for Austria"
Submitted by Daniel, Jan 3, 2012 15:23
The first thing I would comment on is "was the judge within his rights as defined by Austrian law and Constitution?" It appears pretty shaky when he does the prosecutions "due diligence" for them, just to arrive at what he seems to think was a "winnable" case for the prosecution. It also reeks of impropriety when assessing his penalty phase of the proceeding. Most of the article you have forwarded here looks as though he was making things up as he went along. Is his honor a Muslim? Is the prosecution office Muslim? If so, do they have a set of standards that would cause them to recuse their participation in something they apparently have a "vested interest" with? I would think that a judge would not have to be told these things, if they were indeed legally and/or constitutionally correct. We in this country are in the same quandary, as our legislature is currently in committee about making a law that quite frankly is something "judges" should not have to be told, as it already exists within the framework of their "job descriptions" and expectations. I am refering to HB 4769, currently in the House Judiciary Committee phase. I have written my local representative urging him to take steps to keep our judiciary simple and not muck things up with a lot of excess language adoptions, when the bill comes before the "body."
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