Pub Date : 2006-11-06DOI: 10.1080/03050710600845249
P. Macfarlane
This article considers some of the challenges facing small Pacific Island States that follow the donation of aid and judicial resources from overseas countries. In particular it considers the impact such assistance has on notions of State sovereignty and the possible compromise it makes to the development of a jurisprudence particular to the South Pacific region, for example in respect of the application of custom and customary law.
{"title":"Some Challenges Facing Legal Strengthening Projects in Small Pacific Island States","authors":"P. Macfarlane","doi":"10.1080/03050710600845249","DOIUrl":"https://doi.org/10.1080/03050710600845249","url":null,"abstract":"This article considers some of the challenges facing small Pacific Island States that follow the donation of aid and judicial resources from overseas countries. In particular it considers the impact such assistance has on notions of State sovereignty and the possible compromise it makes to the development of a jurisprudence particular to the South Pacific region, for example in respect of the application of custom and customary law.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116164480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-11-06DOI: 10.1080/03050710600799990
A. Voiculescu
{"title":"HISTORICAL JUSTICE THROUGH HUMAN RIGHTS JURISPRUDENCE","authors":"A. Voiculescu","doi":"10.1080/03050710600799990","DOIUrl":"https://doi.org/10.1080/03050710600799990","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129767857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-11-06DOI: 10.1080/03050710600800012
Ros Macdonald
Commentators, legal and non‐legal, have, down the centuries, criticised legal writing as unnecessarily verbose, often ambiguous, and generally not conducive to promoting access to justice. This is still largely the case today. This paper attempts to explain why this state of affairs exists, and proposes ways to rehabilitate the language so that it is in more in keeping with the consensus of what modern legal writing should be. Examples taken from documents currently in use illustrate the problems and plain English principles provide the vehicle for change.
{"title":"LEGAL LANGUAGE AS A TRAUMA OF LAW AND THE ROAD TO REHABILITATION","authors":"Ros Macdonald","doi":"10.1080/03050710600800012","DOIUrl":"https://doi.org/10.1080/03050710600800012","url":null,"abstract":"Commentators, legal and non‐legal, have, down the centuries, criticised legal writing as unnecessarily verbose, often ambiguous, and generally not conducive to promoting access to justice. This is still largely the case today. This paper attempts to explain why this state of affairs exists, and proposes ways to rehabilitate the language so that it is in more in keeping with the consensus of what modern legal writing should be. Examples taken from documents currently in use illustrate the problems and plain English principles provide the vehicle for change.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123688411","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-11-06DOI: 10.1080/03050710600800111
N. A. Inegbedion, E. Omoregie
Nigeria is a Federal Republic made up of thirty‐six states. The history of Nigerian federalism dates back to the pre‐independence Constitution of 1954 called the Lyttleton Constitution. However, with the advent of the 1979 and 1999 Constitutions, there has been a profound change in the practice of Federalism in the Country which has called into question whether Nigeria is indeed a federation. This question has been further accentuated by the recent damning report of the National Intelligence Council of the United States Government which forecasted that by the year 2020, Nigeria might cease to exist as a nation state! The level of government that should take responsibility for such issues as power sharing arrangement, revenue allocation, maintenance of public order, fiscal federalism, judiciary are the major centripetal and centrifugal forces that have threatened the stability of the Federation. The current situation where the federal government is a towering overlord over the component states on the issue...
{"title":"FEDERALISM IN NIGERIA: A RE‐APPRAISAL","authors":"N. A. Inegbedion, E. Omoregie","doi":"10.1080/03050710600800111","DOIUrl":"https://doi.org/10.1080/03050710600800111","url":null,"abstract":"Nigeria is a Federal Republic made up of thirty‐six states. The history of Nigerian federalism dates back to the pre‐independence Constitution of 1954 called the Lyttleton Constitution. However, with the advent of the 1979 and 1999 Constitutions, there has been a profound change in the practice of Federalism in the Country which has called into question whether Nigeria is indeed a federation. This question has been further accentuated by the recent damning report of the National Intelligence Council of the United States Government which forecasted that by the year 2020, Nigeria might cease to exist as a nation state! The level of government that should take responsibility for such issues as power sharing arrangement, revenue allocation, maintenance of public order, fiscal federalism, judiciary are the major centripetal and centrifugal forces that have threatened the stability of the Federation. The current situation where the federal government is a towering overlord over the component states on the issue...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133934084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-11-06DOI: 10.1080/03050710600800046
Stephen B. Colbran
This article examines judicial performance evaluation in the United States, Nova Scotia, England, and Australia. There are three distinct categories of judicial performance evaluation: traditional forms of accountability, including the principle of ‘open justice’ and appellate review; analysis of judicial attributes; and court and administrative performance measurement. The first two categories relate to individual judges, the latter to the management and administration of a court in an aggregate sense. It is argued that the traditional approaches to judicial accountability are flawed measures by which to evaluate the performance of individual judges. The analysis of judicial attributes, including legal ability, temperament, communication and other generic skills, as conducted in the United States, Nova Scotia and planned in Australia, offers a viable method for Commonwealth judges to engage in judicial self‐improvement as part of judicial method. The application of the criteria to Commonwealth legal syst...
{"title":"A COMPARATIVE ANALYSIS OF JUDICIAL PERFORMANCE EVALUATION PROGRAMMES","authors":"Stephen B. Colbran","doi":"10.1080/03050710600800046","DOIUrl":"https://doi.org/10.1080/03050710600800046","url":null,"abstract":"This article examines judicial performance evaluation in the United States, Nova Scotia, England, and Australia. There are three distinct categories of judicial performance evaluation: traditional forms of accountability, including the principle of ‘open justice’ and appellate review; analysis of judicial attributes; and court and administrative performance measurement. The first two categories relate to individual judges, the latter to the management and administration of a court in an aggregate sense. It is argued that the traditional approaches to judicial accountability are flawed measures by which to evaluate the performance of individual judges. The analysis of judicial attributes, including legal ability, temperament, communication and other generic skills, as conducted in the United States, Nova Scotia and planned in Australia, offers a viable method for Commonwealth judges to engage in judicial self‐improvement as part of judicial method. The application of the criteria to Commonwealth legal syst...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115873701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-10-01DOI: 10.1080/14760400601093274
J. Hatchard
{"title":"RECENT DEVELOPMENTS IN THE LAWS ON CORRUPTION AND THE REGULATION OF CONDUCT IN PUBLIC LIFE: IMPLICATIONS FOR LAW TEACHERS AND LEGAL RESEARCH IN THE COMMONWEALTH","authors":"J. Hatchard","doi":"10.1080/14760400601093274","DOIUrl":"https://doi.org/10.1080/14760400601093274","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114832021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-10-01DOI: 10.1080/14760400601115176
D. Mcquoid-mason
When teaching alternative dispute resolution skills, such as negotiation and mediation, it is necessary to engage the students in an active learning process. This article describes the content of a two‐day course run for the Law Society of South Africa School for Legal Practice, Durban, in which students are taught negotiation and mediation skills. A variety of interactive learning methods are used in which students experience non‐adversarial methods of dispute resolution. By the end of the course each student would have participated in several negotiation and mediation exercises and would have conducted one mediation. The course is highly rated in the student evaluations for the amount of ‘learning through doing’ that occurs. Its success lies in that it is a practical, not academic, course.
{"title":"TEACHING ASPECTS OF ALTERNATIVE DISPUTE RESOLUTION TO CANDIDATE ATTORNEYS IN SOUTH AFRICA","authors":"D. Mcquoid-mason","doi":"10.1080/14760400601115176","DOIUrl":"https://doi.org/10.1080/14760400601115176","url":null,"abstract":"When teaching alternative dispute resolution skills, such as negotiation and mediation, it is necessary to engage the students in an active learning process. This article describes the content of a two‐day course run for the Law Society of South Africa School for Legal Practice, Durban, in which students are taught negotiation and mediation skills. A variety of interactive learning methods are used in which students experience non‐adversarial methods of dispute resolution. By the end of the course each student would have participated in several negotiation and mediation exercises and would have conducted one mediation. The course is highly rated in the student evaluations for the amount of ‘learning through doing’ that occurs. Its success lies in that it is a practical, not academic, course.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133696214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-10-01DOI: 10.1080/14760400701190103
Nathiera Abdullah
This article deals with the current position of teaching Islamic canon law or Shariah within South Africa. The focus is on the challenges and prospects associated with the restructuring or contextualising of legal education in the Faculty of Law, at the University of the Western Cape. Special attention is given to the paradigm shifts in legal philosophy, education and services since 1994, as well as the possibility of teaching Islamic canon law or Shariah at undergraduate level within a pedagogical framework that utilises certain relevant aspects of South African history within the new integrative LLB course. 1 This article is a revised version of a paper presented at the 2005 Commonwealth Legal Education Association conference at the University of Greenwich.
{"title":"TOWARDS THE DEVELOPMENT OF TEACHING ISLAMIC CANON LAW AT THE UNIVERSITY OF THE WESTERN CAPE: SOME SUGGESTIONS FOR DESIGNING A COMPARATIVE LEGAL CURRICULUM FOR UNDERGRADUATE LLB STUDENTS IN SOUTH AFRICA 1","authors":"Nathiera Abdullah","doi":"10.1080/14760400701190103","DOIUrl":"https://doi.org/10.1080/14760400701190103","url":null,"abstract":"This article deals with the current position of teaching Islamic canon law or Shariah within South Africa. The focus is on the challenges and prospects associated with the restructuring or contextualising of legal education in the Faculty of Law, at the University of the Western Cape. Special attention is given to the paradigm shifts in legal philosophy, education and services since 1994, as well as the possibility of teaching Islamic canon law or Shariah at undergraduate level within a pedagogical framework that utilises certain relevant aspects of South African history within the new integrative LLB course. 1 This article is a revised version of a paper presented at the 2005 Commonwealth Legal Education Association conference at the University of Greenwich.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123869433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-10-01DOI: 10.1080/14760400601093217
C. Gallavin, R. Scragg
As the mother of all law degrees in the common law world, the LLB of England and Wales has evolved over a number of centuries in order to reflect the changing nature of the practice of law and the increasing societal necessity for a general university education. Similarly, the provision of the LLB within New Zealand has likewise grown to reflect the nature of New Zealand as a strong and independent nation with a well‐developed legal profession. In relation to the provision of post‐degree legal training, New Zealand has much to learn from the positive initiatives in place in England and Wales. However, conversely it is our contention that there is much for New Zealand to avoid and the system of England and Wales to learn from the dilution of the English and Welsh LLB. 1 Dr Chris Gallavin LLB (Hons) (Cantuar), PhD (Hull). Chris is a Senior Lecturer in Law at the University of Canterbury, New Zealand. 2 Richard Scragg LLM (Cantuar), Barrister and Solicitor of the High Court of New Zealand. Richard is an Asso...
作为普通法世界中所有法律学位之母，英格兰和威尔士的法学学士学位已经发展了几个世纪，以反映法律实践的变化性质和对普通大学教育日益增长的社会需求。同样，新西兰法律学士学位的规定也同样增长，以反映新西兰作为一个强大而独立的国家的性质，拥有发达的法律专业。在提供学位后法律培训方面，新西兰有很多地方需要向英格兰和威尔士的积极举措学习。然而，相反地，我们的论点是，新西兰有很多东西需要避免，英格兰和威尔士的制度需要从英格兰和威尔士的法律学士学位的稀释中学习。1 Dr Chris Gallavin LLB (Hons) (Cantuar)， PhD (Hull)。Chris是新西兰坎特伯雷大学法律高级讲师。2 Richard Scragg LLM (Cantuar)，新西兰高等法院大律师和初级律师。理查德是一名助理……
{"title":"THE VALUE OF AN LLB: COMPARATIVE PERSPECTIVES BETWEEN NEW ZEALAND AND ENGLAND AND WALES","authors":"C. Gallavin, R. Scragg","doi":"10.1080/14760400601093217","DOIUrl":"https://doi.org/10.1080/14760400601093217","url":null,"abstract":"As the mother of all law degrees in the common law world, the LLB of England and Wales has evolved over a number of centuries in order to reflect the changing nature of the practice of law and the increasing societal necessity for a general university education. Similarly, the provision of the LLB within New Zealand has likewise grown to reflect the nature of New Zealand as a strong and independent nation with a well‐developed legal profession. In relation to the provision of post‐degree legal training, New Zealand has much to learn from the positive initiatives in place in England and Wales. However, conversely it is our contention that there is much for New Zealand to avoid and the system of England and Wales to learn from the dilution of the English and Welsh LLB. 1 Dr Chris Gallavin LLB (Hons) (Cantuar), PhD (Hull). Chris is a Senior Lecturer in Law at the University of Canterbury, New Zealand. 2 Richard Scragg LLM (Cantuar), Barrister and Solicitor of the High Court of New Zealand. Richard is an Asso...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116775407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2005-12-01DOI: 10.1080/14760400508522898
A. A. Asouzu
I will review the state of alternative dispute resolution (ADR) in West African countries and highlight the need for more emphasis on ADR in legal education and in the administration of justice within the region.
{"title":"Alternative dispute resolution in legal education and administration of justice in West Africa","authors":"A. A. Asouzu","doi":"10.1080/14760400508522898","DOIUrl":"https://doi.org/10.1080/14760400508522898","url":null,"abstract":"I will review the state of alternative dispute resolution (ADR) in West African countries and highlight the need for more emphasis on ADR in legal education and in the administration of justice within the region.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115046091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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