| 单词 | Judicial immunity |
| 释义 | 司法豁免權 Protection from liability in damages enjoyed by every judge of the superior and inferior courts in respect of what he had done while acting judicially and under the honest belief that his act was within his jurisdiction, although, in consequence of a mistake of law or fact, what he had done was outside his jurisdiction. If the judge was not then performing a judicial function, or if he was purporting to perform a judicial function but the matter was such that he had no jurisdiction to adjudicate on it, he has no protection. If, however, he did the act in question in the purported performance of his judicial function and it was within his jurisdiction, then the judge is protected notwithstanding any error in his reason for doing the act or his method of doing it: Sirros v Moore & Ors [1974] 3 All ER 776, [1975] QB 118 (CA); Basic Law art 84. Statutory protection of a more limited nature is conferred on district judges and magistrates: District Court Ordinance (Cap 336) s 71; Magistrates Ordinance (Cap 227) ss 125, 126. 高級法院及下級法庭的每位法官不用負上損害賠償的法律責任，關於該法官以司法身分行事所作出的行為及真誠地相信其行為是在其司法管轄權範圍之內。如該法官不執行司法職能，或如該法官本意是執行司法職能，但並沒有司法管轄權就該事項作出判決，他則不會受到該保障。但是，如果他作出有關本意是執行其司法職能的作為，而該作為屬其司法管轄權範圍之內，即使發生任何錯誤，該法官亦會受到保障：Sirros v Moore & Ors [1974] 3 All ER 776, [1975] QB 118 （英國上訴法院）；基本法第84條。更多限制的法定保障則賦予區域法院法官及裁判官：《區域法院條例 》（第336章）第71條；《裁判官條例》（第227章）第125、126條。 |
| 随便看 |
|
法律词典收录了8080条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。