The Role of the Judiciary in Plural Societies
Author: Neelan Tiruchelvam
Publisher: Burns & Oates
Published: 1987
Total Pages: 224
ISBN-13:
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Role of the Judiciary in Plural Societies
Law Reform in Plural Societies
Author: Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa
Publisher: Springer
Published: 2017-11-04
Total Pages: 196
ISBN-13: 3319655248
DOWNLOAD EBOOK →This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.
Redesigning Justice for Plural Societies
Author: Katayoun Alidadi
Publisher: Taylor & Francis
Published: 2022-09-30
Total Pages: 282
ISBN-13: 1000726053
DOWNLOAD EBOOK →This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.
The Right to Education in India
Author: Florian Matthey-Prakash
Publisher: Oxford University Press
Published: 2019-08-22
Total Pages: 301
ISBN-13: 0199097054
DOWNLOAD EBOOK →What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.
The Culture of Judicial Independence
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
Published: 2011-11-11
Total Pages: 690
ISBN-13: 9004188339
DOWNLOAD EBOOK →This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.
The Role of the Judiciary in the Protection of Human Rights
Author: Eugene Cotran
Publisher: BRILL
Published: 2023-10-16
Total Pages: 490
ISBN-13: 9004635009
DOWNLOAD EBOOK →This volume contains papers presented at the conference 'The Role of the Judiciary in the Protection of Human Rights', held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council.
Bibliography on Law and Developing Countries
Author: Brian Z. Tamanaha
Publisher: BRILL
Published: 2023-11-27
Total Pages: 276
ISBN-13: 9004632883
DOWNLOAD EBOOK →The citations listed in this bibliography were published between 1975 and mid-1993. Substantial legal developments have occurred since 1975 and the vast bulk of materials on the subject has been produced since that time. The citations are grouped under 53 different subject headings. Some subjects are further divided into subcategories. Audience: Lawyers, legal scholars, social scientists and civil servants involved in development issues.
Matters of Justice
Author: Helga Baitenmann
Publisher: U of Nebraska Press
Published: 2020-05-01
Total Pages: 387
ISBN-13: 1496220005
DOWNLOAD EBOOK →After the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary's control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico--those implemented by Emiliano Zapata and Venustiano Carranza--subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.
Politics in Plural Societies
Author: Alvin Rabushka
Publisher: Addison-Wesley Longman
Published: 2009
Total Pages: 0
ISBN-13: 9780205617616
DOWNLOAD EBOOK →This landmark study in the field of comparative politics is being celebrated for its return to print as the newest addition to the "Longman Classics in Political Science" series. Politics in Plural Societies presents a model of political competition in multi-ethnic societies and explains why plural societies, and the struggle for power within them, often erupt with inter-ethnic hostility. Distinguished scholars Alvin Rabushka and Kenneth Shepsle collaborate again in this reissuing of their classic work to demonstrate - in a new epilogue - the persistence of the arguments and evidence first offered in the book. They apply this thesis to the multi-ethnic politics of countries that are of great interest today: Iraq, Lebanon, Sudan, Yugoslavia, and more.
