Development of Administrative Law in Papua New Guinea

Development of Administrative Law in Papua New Guinea PDF

Author: Eric Lokai Kwa

Publisher: University of Papua New Guinea Press

Published: 2000

Total Pages: 304

ISBN-13:

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The essays contained in this volume deal with important issues regarding the development and parameters of the principles and application of administrative law. They reconcile the different administrative law principles as enunciated by various judges, law practitioners, legal luminaries and human rights activists from various parts of the world, and provide a rich experience and background of the subject. They were initially submitted at a workshop organised by the then Law Faculty of the University of Papua New Guinea in 1996. These papers were later edited to ensure comprehension of administrative law in all its gamuts by the students, advocates, legal practitioners and administrators, not only in Papua New Guinea, to whom this book is addressed, but in other parts of the world as well. All these essays have been grouped into five parts: origins of administrative law, rules of natural justice, the judicial review process, human rights and administrative law, and the role of judges in a democratic state. The publication of the book has coincided with Papua New Guinea's Silver Jubilee Year of Independence.

Administrative Law and Judicial Review in Papua New Guinea

Administrative Law and Judicial Review in Papua New Guinea PDF

Author: Christopher Karaiye

Publisher: Notion Press

Published: 2019-06-18

Total Pages: 713

ISBN-13: 1645871754

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This is a compendium of administrative law and judicial review in Papua New Guinea. In this book the author precisely recounts the history of the development of administrative law and judicial review in England and some other common law jurisdictions. The main theme of the book is, however, devoted to judicial review in Papua New Guinea. The practice and procedure for appealing from the decision of the National Court in judicial review are unique and onerous. This book evaluates them in detail to give the readers a complete sense of reference. The interlocutory procedures encapsulated in this book are also relevant for any proceeding before the courts. At the end of various chapters, the author makes some insightful and thought-provoking commentaries on gaps found in judicial review. The book is an authoritative text for lawyers, law students, academia, judicial officers and other interested persons alike. It is a must read for lawyers and law students who seek to be familiar with the often cumbersome judicial review procedures and practices. For students and scholars in other disciplines who aim to learn and abreast themselves of how administrative law affects administrative action and public policy, this book is a perfect choice. The book dissects complex administrative law concepts and enables lay persons, including those in the public service, to fully understand and apply them. The book is a valuable resource material for the Pacific Island countries like Fiji, Vanuatu and Solomon Islands, who have adopted the common law legal systems similar to Papua New Guinea. BOOK REVIEWS “The author collates, culls and compiles one important material for use by judicial officers and practitioners in the area of judicial review.” – Leslie Mamu, LL.B, Acting Public Solicitor, Papua New Guinea, 18 February 2018, Port Moresby, PNG “This welcome new book by Christopher Karaiye is essential reading for all lawyers practising in the busy area of Judicial Review in PNG and also students of the topic. It is a well-researched and presented work and will be a worthy addition to my administrative law library.” – Terry Lambert, LL.B, LL.M, Barrister (Queensland, Australia), Lawyer (PNG), Solicitor (England & Wales), 7 June 2018, Brisbane, Australia “The book “Administrative Law and Judicial Review in Papua New Guinea” is a must read for lawyers and public alike involved in the judicial review of administrative decisions. The book contains a comprehensive guide to an increasingly important yet quite complex area of law. The author draws from his own experience and research to make this important contribution to the development of Papua New Guinea’s expanding judicial review jurisprudence. This work is essential reading to understand the nuances involved in this area of law.” – Dr Vergil Narokobi, LL.B, LL.M, Ph.D, Counsel for the Papua New Guinea Ombudsman Commission & President of Papua New Guinea Law Society, 25 June 2018, Port Moresby, PNG “This work is of very high quality and would be a very valuable tool for judges, magistrates, lawyers, the academia, and people in decision-making positions in the public and the private sectors. I recommend the book to them. I am impressed with your comprehensive use of local case precedents and in-depth knowledge of the topics.” – Honourable Sir Gibbs Salika, KBE CSM OBE, Deputy Chief Justice of Papua New Guinea (as he then was), 4 July 2018, Port Moresby, PNG “An extensive, thought-provoking and easy to read compendium that makes accessible the law of Papua New Guinea on the topic of judicial review in its many guises.” – Emeritus Professor Tony Angelo (Victoria University of Wellington), QC, 7 October 2018, Wellington, New Zealand

Rethinking Judicial Power in Papua New Guinea

Rethinking Judicial Power in Papua New Guinea PDF

Author: Bal Kama

Publisher: Springer

Published: 2024-07-08

Total Pages: 0

ISBN-13: 9789819729456

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This book examines the role and nature of the judiciary in Papua New Guinea (PNG), the first comprehensive study since the country's independence in 1975. It challenges the traditional view of the judiciary as solely a legal entity, arguing for its broader social and political functions. Critiquing assumptions inherited from British and Australian colonial thinking, it discusses how decolonisation has redefined judicial power, enabling courts to have a more transformative role. Introducing transformative constitutionalism into Australian-Pacific legal thinking, the book argues that PNG has a transformative constitution defined by its intent for reform, extensive Charter of Rights, and a liberal judiciary—features not found in other Pacific constitutions. Given the region's challenges such as corruption, political instability, and climate change, the book advocates for a more proactive role for the judiciary. It proposes a re-evaluation of the classical tripartite doctrine of separation of powers, advocating for a quadripartite model in PNG where the judiciary has a broader reformative function and the independent constitutional institutions constitute a fourth arm of government. This work makes important contributions to understandings of judicial power and constitutional law as well as other fields including comparative constitutional studies, legal history and decolonial scholarship.

Advanced Introduction to Global Administrative Law

Advanced Introduction to Global Administrative Law PDF

Author: Sabino Cassese

Publisher: Edward Elgar Publishing

Published: 2021-02-26

Total Pages: 142

ISBN-13: 1789904226

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Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.

Administrative Law from the Inside Out

Administrative Law from the Inside Out PDF

Author: Nicholas R. Parrillo

Publisher: Cambridge University Press

Published: 2017-03-23

Total Pages: 559

ISBN-13: 1107159512

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This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.

Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts

Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts PDF

Author: F. Rachel Magdalene

Publisher: Penn State Press

Published: 2020-01-10

Total Pages: 903

ISBN-13: 1646020243

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This book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law. The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized. Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.