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Author: Jennifer Corrin Care Publisher: Psychology Press ISBN: 1845680391 Category : Law Languages : en Pages : 482
Book Description
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Author: Jennifer Corrin Care Publisher: Psychology Press ISBN: 1845680391 Category : Law Languages : en Pages : 482
Book Description
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Author: Martin Daly Publisher: University of Hawaii Press ISBN: 0824831969 Category : History Languages : en Pages : 322
Book Description
Praise for the first edition: "Tonga is unique among bibliographies in its perception and understanding, and in its affection for Tonga and its people. . . . Daly’s work stands on exceptionally sound foundations. . . . His summaries are excellent, indeed, but Daly writes always with the authority of first-hand knowledge, with a keen eye for the essential, and the ability to interpret and clarify obscurities. . . . A trustworthy introduction to Tonga in all its diversity, a splendid point de départ for all, layman or scholar, needing a reliable guide to the essential literature about this remarkable Polynesian kingdom." —Bulletin of the School of Oriental and African Studies "The book is so arranged that it is easy to locate any of the items listed. . . . I found myself spending pleasant hours perusing Daly’s comments on the different publications.. . . I hope the rumor of a second, revised edition of this bibliography is true." —Journal of the Polynesian Society Tonga is a fascinating and subtle combination of a traditional Polynesian kingdom—the only one to survive the impact of colonization in the nineteenth century and remain independent—and a thoroughly Christian country. This comprehensive bibliography is a selective guide to the most significant and accessible English-language books, papers, and articles on every aspect of the kingdom’s history, culture, arts, politics, environment, and economy. It is a much updated and expanded edition of the original version that was published in 1999 as part of the World Bibliographical Series, with the addition of more than 200 new entries. Each of the approximately 600 described and annotated items is organized under broad subject headings, and indexed by author, title, and subject. In addition—and new to this edition—all known Ph.D. theses, although not annotated, are shown within their appropriate subject categories and indexed. Also new is a section on the most important Tonga-related websites. A general introduction describes the Tongan kingdom, its history and society, and its current situation. Tonga: A New Bibliography will be an invaluable resource for anyone with a serious interest in Tonga and an indispensable volume for academic libraries, reference collections, and policy makers focused on the Pacific islands.
Author: Günter Frankenberg Publisher: Edward Elgar Publishing ISBN: 1781952116 Category : Law Languages : en Pages : 383
Book Description
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Author: Jennifer Corrin-Care Publisher: Routledge ISBN: 1135337624 Category : Languages : en Pages : 491
Book Description
The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific region and explains their practical application in the context of the courts in which they operate. The text focuses on the rules that apply and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu and Solomon Islands, and the rules that apply in the superior courts of the Fiji Islands, Samoa and Tonga. It also fully discusses the new rules of civil procedure that are currently being introduced in Vanatu. The text describes recent changes to regional civil procedure rules and suggests further reforms. Legislative and case law developments are also discussed. This book is designed for use by legal practitioners and anyone interested in civil procedure in the South Pacific region. It will also be of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
Author: Anna Dziedzic Publisher: Bloomsbury Publishing ISBN: 1509942874 Category : Law Languages : en Pages : 257
Book Description
This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.
Author: Jeroen Temperman Publisher: BRILL ISBN: 9004181490 Category : Law Languages : en Pages : 440
Book Description
This book examines the question of how the mode of state–religion identification affects the state’s scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state–religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist between the state and religion. A range of thematic case studies on, among other issues, Establishment of Religion & the ‘Equal Religious Rights of Others’, Religion & Freedom of Expression, Religion & Political Rights, Religion & Educational Rights, Religion & Freedom of Association and Religion & Equal Employment Opportunities, demonstrates that existing regimes of positive state identification with religion are not devoid of forms of institutionalised discrimination and de facto practices of discrimination on grounds of religion or belief (or lack thereof). At the same time, it is observed by the author that in some secular or separationist states the ideals of state secularism and separationism have come to be considered ends in themselves. This has given rise to situations where the principles of secularism and separationism are construed so as to impose illegitimate limits on the activities of religions or illegitimate limits on the individual manifestation of certain beliefs. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people’s fundamental right to be governed, at all times, in a religiously neutral manner.
Author: Jennifer Corrin Care
Author: Jennifer Corrin Care
Author: Tonga
Author: Martin Daly
Author: Tonga
Author: IBP USA
Author: Günter Frankenberg
Author: Jennifer Corrin-Care
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Author: Anna Dziedzic
Author: Jeroen Temperman