Pub Date : 2005-12-01DOI: 10.1080/14760400508522899
S. Farran, E. R. Hill
{"title":"Making changes with rules in the South pacific: Civil procedure in Vanuatu","authors":"S. Farran, E. R. Hill","doi":"10.1080/14760400508522899","DOIUrl":"https://doi.org/10.1080/14760400508522899","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"4 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":"116813943","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: 10.1080/14760400508522901
Rhona K. M. Smith
In the 21st century, the need for protection and promotion of human rights appears as pertinent as ever. Education has an important role to play in developing a global human rights culture; in this article it will be argued that legal education must evolve to embrace a rights-focused approach. Two inter-related elements underpin this discussion -the rights to education and human rights education, and the identity of those responsible for realising those rights. Initially, the international guidelines for education and human rights education will be overviewed. Evidence will suggest the duty to provide appropriate human rights education extends beyond the State to universities. Thereafter some preliminary observations will be presented on models fulfilling this requirement, taking into account restrictions imposed by the professional bodies. England will be employed as the primary case study with appropriate references to other jurisdictions.
{"title":"Back to basics? - the scope of legal education in a human rights context","authors":"Rhona K. M. Smith","doi":"10.1080/14760400508522901","DOIUrl":"https://doi.org/10.1080/14760400508522901","url":null,"abstract":"In the 21st century, the need for protection and promotion of human rights appears as pertinent as ever. Education has an important role to play in developing a global human rights culture; in this article it will be argued that legal education must evolve to embrace a rights-focused approach. Two inter-related elements underpin this discussion -the rights to education and human rights education, and the identity of those responsible for realising those rights. Initially, the international guidelines for education and human rights education will be overviewed. Evidence will suggest the duty to provide appropriate human rights education extends beyond the State to universities. Thereafter some preliminary observations will be presented on models fulfilling this requirement, taking into account restrictions imposed by the professional bodies. England will be employed as the primary case study with appropriate references to other jurisdictions.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"158 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":"121053024","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: 10.1080/14760400508522897
G. Slapper
{"title":"Law and war","authors":"G. Slapper","doi":"10.1080/14760400508522897","DOIUrl":"https://doi.org/10.1080/14760400508522897","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"12 7 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":"125759822","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: 10.1080/14760400508522900
N. Mahao
This article assesses the performance of the superior courts in Lesotho in their duty to uphold the constitution. Since it is axiomatic that the courts’ ability in this regard is necessarily intertwined with their institutional independence, the twists and turns that characterise the trajectory of the development of a fully‐fledged concept of judicial independence in Lesotho are traced. While the judiciary evolved slowly from within the executive during a good part of the colonial period, it received full institutional independence under the 1965/66 Constitutions and, in addition to this, it was bestowed with a broad jurisdictional competence under the 1993 Constitution. By and large, constitutional cases against the executive disposed of in the post‐1993 era reflect that, using its institutional independence as a basis, the judiciary has provided a solid and effective check and balance role to the executive, thereby living up to its mandate to uphold the Constitution and ensure the rule of law.
{"title":"Judicial independence and the enforcement of the constitution in Lesotho","authors":"N. Mahao","doi":"10.1080/14760400508522900","DOIUrl":"https://doi.org/10.1080/14760400508522900","url":null,"abstract":"This article assesses the performance of the superior courts in Lesotho in their duty to uphold the constitution. Since it is axiomatic that the courts’ ability in this regard is necessarily intertwined with their institutional independence, the twists and turns that characterise the trajectory of the development of a fully‐fledged concept of judicial independence in Lesotho are traced. While the judiciary evolved slowly from within the executive during a good part of the colonial period, it received full institutional independence under the 1965/66 Constitutions and, in addition to this, it was bestowed with a broad jurisdictional competence under the 1993 Constitution. By and large, constitutional cases against the executive disposed of in the post‐1993 era reflect that, using its institutional independence as a basis, the judiciary has provided a solid and effective check and balance role to the executive, thereby living up to its mandate to uphold the Constitution and ensure the rule of law.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"2 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":"122363018","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 : 2005-11-01DOI: 10.1080/14760401.2005.12005938
Frances Gibb
{"title":"War Crimes in Sierra Leone","authors":"Frances Gibb","doi":"10.1080/14760401.2005.12005938","DOIUrl":"https://doi.org/10.1080/14760401.2005.12005938","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122481429","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 : 2005-11-01DOI: 10.1080/14760401.2005.12005936
Q. Letsika
{"title":"South African Legal Education in Perspective: Multiculturalism","authors":"Q. Letsika","doi":"10.1080/14760401.2005.12005936","DOIUrl":"https://doi.org/10.1080/14760401.2005.12005936","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130560584","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 : 2005-11-01DOI: 10.1080/14760401.2005.12005934
J. Schofield
{"title":"Judicial Independence in Kenya","authors":"J. Schofield","doi":"10.1080/14760401.2005.12005934","DOIUrl":"https://doi.org/10.1080/14760401.2005.12005934","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125445688","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 : 2005-11-01DOI: 10.1080/14760401.2005.12005939
Derek O’brien, J. A. Epp
{"title":"The Development of Legal aid Services in the Independent Countries of the Commonwealth Caribbean","authors":"Derek O’brien, J. A. Epp","doi":"10.1080/14760401.2005.12005939","DOIUrl":"https://doi.org/10.1080/14760401.2005.12005939","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128691056","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 : 2004-03-01DOI: 10.1080/14760400408520458
S. Kift
Recent decades have witnessed dynamic change in the working environment of 21st century lawyers. While the practice of law has changed radically, it is not clear that legal education reform has kept pace with the demands of modern practice. In an environment where the tertiary sector has also been transformed by external drivers beyond its control, the QUT Law Faculty has undertaken a major reconceptualisation of its undergraduate law programs. Encouraged by the Australian Law Reform Commission’s 2000 exhortation to re-orientate legal education around “what lawyers need to be able to do‿, rather than remaining bound to the traditional focus of “what lawyers need to know‿, the Faculty embarked on curriculum renewal centred around the development and implementation of a graduate capability framework. The Faculty wished not only to address the generic issues of first year transition, it was also committed to providing a package of teaching and learning opportunities that combined substantive content, theoretical and practical knowledge with the development of certain generic (and some discipline specific) skills; all of this in a legal context to a basic level of competency for all students, regardless of the diversity of their prior background and experience. This paper will describe this particular pedagogical response to meeting the needs of the 21st century legal practitioner.
{"title":"A TALE OF TWO SECTORS: DYNAMIC CURRICULUM CHANGE FOR A DYNAMICALLY CHANGING PROFESSION","authors":"S. Kift","doi":"10.1080/14760400408520458","DOIUrl":"https://doi.org/10.1080/14760400408520458","url":null,"abstract":"Recent decades have witnessed dynamic change in the working environment of 21st century lawyers. While the practice of law has changed radically, it is not clear that legal education reform has kept pace with the demands of modern practice. In an environment where the tertiary sector has also been transformed by external drivers beyond its control, the QUT Law Faculty has undertaken a major reconceptualisation of its undergraduate law programs. Encouraged by the Australian Law Reform Commission’s 2000 exhortation to re-orientate legal education around “what lawyers need to be able to do‿, rather than remaining bound to the traditional focus of “what lawyers need to know‿, the Faculty embarked on curriculum renewal centred around the development and implementation of a graduate capability framework. The Faculty wished not only to address the generic issues of first year transition, it was also committed to providing a package of teaching and learning opportunities that combined substantive content, theoretical and practical knowledge with the development of certain generic (and some discipline specific) skills; all of this in a legal context to a basic level of competency for all students, regardless of the diversity of their prior background and experience. This paper will describe this particular pedagogical response to meeting the needs of the 21st century legal practitioner.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116281426","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 : 2004-03-01DOI: 10.1080/14760400408520459
M. Ndulo
Abstract This article examines the problems that African law schools face in responding to the internationalisation of legal education in the context of globalisation. Specifically, African law schools lack the resources that are necessary to implement necessary changes in their curricula to meet the needs of a globalised legal practice. African law schools also have to deal with the problem of retaining highly trained law teachers. The article considers these challenges and examines ways of overcoming them, and the contribution that the Commonwealth Legal Education Association can make.
{"title":"LEGAL EDUCATION, INTERNATIONALISATION AND AFRICAN LAW SCHOOLS","authors":"M. Ndulo","doi":"10.1080/14760400408520459","DOIUrl":"https://doi.org/10.1080/14760400408520459","url":null,"abstract":"Abstract This article examines the problems that African law schools face in responding to the internationalisation of legal education in the context of globalisation. Specifically, African law schools lack the resources that are necessary to implement necessary changes in their curricula to meet the needs of a globalised legal practice. African law schools also have to deal with the problem of retaining highly trained law teachers. The article considers these challenges and examines ways of overcoming them, and the contribution that the Commonwealth Legal Education Association can make.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121828286","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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