Proving Customary Law in the Common Law Courts of the South Pacific PDF Download
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Author: Jean G. Zorn
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 82
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Book Description
This book studies the state of the constitutional status of customary law in independent Pacific island nations and the relationship between traditional legal processes and imported common law.
Author: Jean G. Zorn
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 82
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Book Description
This book studies the state of the constitutional status of customary law in independent Pacific island nations and the relationship between traditional legal processes and imported common law.
Author: Jean G. Zorn
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
A fundamental question in giving effect to custom as part of the formal system, is how it is to be proved. There are two diametrically opposed views on this. The first is that the parties must prove it as a matter of fact by calling evidence. The opposing view is that custom is a question of law, and therefore can be found by the court without requiring the production of evidence as to its existence. Proving customary law as a question of fact may be a costly exercise. It may also involve complicated rules of evidence, alien to customary affairs. From a wider perspective, it subjects customary law to the adversarial system, which is arguably inappropriate in the South Pacific, where it is in direct conflict with cultural values of consensus and community decision-making. Treating custom as law, on the other hand, puts it on the same level as other sources of formal law. The court may take judicial notice of customary law or make its own inquiries as to the existence and applicability of custom, rather than having to rely on the parties' submissions. However, customary law is mostly unwritten, and it may be difficult for the court to decide whether a particular custom does amount to law or not. This Article summarizes the constitutional and statutory provisions dealing with the pleading and proof of custom. It then analyzes some recent cases demonstrating the tendency of judges to make the pleading and proof of custom even more exacting than might already be required by those sections. It looks at the means used by the courts for ascertaining custom and the advantages and disadvantages of each. It concludes by considering whether there are better ways for courts to go about the task of finding custom than those currently in use and whether it is a task that the formal courts should take upon themselves at all.
Author: Jennifer Corrin Care
Publisher: Psychology Press
ISBN: 1845680391
Category : Law
Languages : en
Pages : 482
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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: Paul de Deckker
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 204
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Book Description
Discussion of the critical aspects of the often tense relationship between indigenous custom and tradition and externally-imposed Western societal structures. Examines the revival and rejuvenation of customary legal systems and the conflict between the real imperatives of customary and traditional practice and the more formal strictures of Western legal systems. Concentrates on the situation in the French overseas territories. Includes appendices and notes on contributors.
Author: Tess Newton Cain
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 48
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Book Description
Author: Jennifer Corrin
Publisher: Routledge-Cavendish
ISBN: 1135390762
Category : Law
Languages : en
Pages : 481
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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
Publisher: Routledge Cavendish
ISBN: 9781138176386
Category :
Languages : en
Pages :
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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: Guy Powles
Publisher: [email protected]
ISBN: 9789820200432
Category : Courts
Languages : en
Pages : 396
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Book Description
Author: Sue Farran
Publisher: Routledge
ISBN: 1135339023
Category : Law
Languages : en
Pages : 733
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Book Description
Encompassing the legal systems of over a dozen independent countries, the authors of this book bring together a wealth of diverse sources to present a coherent picture of the law of property as it exists today, and offer some thoughts on the challenges and legal difficulties facing the region.
Author: Sue Farran
Publisher: Routledge
ISBN: 1135392293
Category : Law
Languages : en
Pages : 360
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Book Description
This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law – where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. Human Rights in the South Pacific will appeal to anyone interested in the region or in human rights including international rights advocates, investors and developers, policy-makers, representatives of government and civic society and those wishing to acquire a better understanding of what countries emerging from colonial rule face in developing but still retaining their identity.
