Pub Date : 2004-03-01DOI: 10.1080/14760400408520462
J. Hatchard
Abstract This Note will examine the steps being taken by the Commonwealth Legal Education Association and the Commonwealth Secretariat to develop expertise in issues relating to money laundering and promoting international co-operation in criminal matters.
{"title":"INCORPORATING TRANSNATIONAL CRIME ISSUES INTO THE LAW CURRICULUM: THE COMMONWEALTH APPROACH","authors":"J. Hatchard","doi":"10.1080/14760400408520462","DOIUrl":"https://doi.org/10.1080/14760400408520462","url":null,"abstract":"Abstract This Note will examine the steps being taken by the Commonwealth Legal Education Association and the Commonwealth Secretariat to develop expertise in issues relating to money laundering and promoting international co-operation in criminal matters.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"43 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":"114971119","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: 10.1080/14760400408520460
Abdulmumini A. Oba
Abstract The position of Kadis reflects well the inferior position of Islamic law in relation to the common law in the Nigerian legal system. The general attitude of many legal practitioners to the Sharia Court of Appeal and the Customary Court of Appeal is that these courts will eventually disappear and their jurisdiction will merge into that of the High Court. Kadis are considered as aberrations within the judicial system. However, the Zamfara State initiative revived Islamic law and the status of Kadis. This article examines the position of Kadis before and after the Zamfara State initiative, and suggests what remains to be done to give Kadis a befitting place within the Nigerian legal system.
{"title":"KADIS (JUDGES) OF THE SHARIA COURT OF APPEAL: THE PROBLEMS OF IDENTITY, RELEVANCE, AND MARGINALISATION WITHIN THE NIGERIAN LEGAL SYSTEM","authors":"Abdulmumini A. Oba","doi":"10.1080/14760400408520460","DOIUrl":"https://doi.org/10.1080/14760400408520460","url":null,"abstract":"Abstract The position of Kadis reflects well the inferior position of Islamic law in relation to the common law in the Nigerian legal system. The general attitude of many legal practitioners to the Sharia Court of Appeal and the Customary Court of Appeal is that these courts will eventually disappear and their jurisdiction will merge into that of the High Court. Kadis are considered as aberrations within the judicial system. However, the Zamfara State initiative revived Islamic law and the status of Kadis. This article examines the position of Kadis before and after the Zamfara State initiative, and suggests what remains to be done to give Kadis a befitting place within the Nigerian legal system.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"2 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":"130206160","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 : 2003-03-01DOI: 10.1080/14760400308522894
Olayiwola O Oladele
Debt default and debt accumulation threaten the financial systems of many developing countries. They also constitute a potential source of systemic failure of the particular financial systems as well as of the global financial system. Therefore, this article identifies the factors for debt default and debt accumulation to include grant of loans to incompetent borrowers, grant of loans in excess of the regulatory cap on credit exposure, lack of transparency in financial reporting, grant of loans without adequate collateral security, over‐valuation of security, application of short‐term loans to long‐term projects, informational asymmetry, wilful default, fraud by bank officials, inefficient financial system supervision and inefficient judicial systems. It reviews the existing legal framework in Nigeria for debt recovery, particularly banking and financial institutions statutes, insolvency law, corporation statutes as well as judicial and law enforcement systems, and suggests reforms to ease debt repayment ...
{"title":"Towards an efficacious legal framework for debt recovery in developing countries","authors":"Olayiwola O Oladele","doi":"10.1080/14760400308522894","DOIUrl":"https://doi.org/10.1080/14760400308522894","url":null,"abstract":"Debt default and debt accumulation threaten the financial systems of many developing countries. They also constitute a potential source of systemic failure of the particular financial systems as well as of the global financial system. Therefore, this article identifies the factors for debt default and debt accumulation to include grant of loans to incompetent borrowers, grant of loans in excess of the regulatory cap on credit exposure, lack of transparency in financial reporting, grant of loans without adequate collateral security, over‐valuation of security, application of short‐term loans to long‐term projects, informational asymmetry, wilful default, fraud by bank officials, inefficient financial system supervision and inefficient judicial systems. It reviews the existing legal framework in Nigeria for debt recovery, particularly banking and financial institutions statutes, insolvency law, corporation statutes as well as judicial and law enforcement systems, and suggests reforms to ease debt repayment ...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125282797","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 : 2003-03-01DOI: 10.1080/14760400308522893
V. Munro
This article seeks to move beyond pre‐existing critiques of legal education as ideological training. Employing emerging interpretations of the Foucaultian concepts of the juridical and the disciplinary, it provides an analysis of the extent to which the expression ‘law as a academic discipline’ refers to more than a distinct body of substantive principles. In particular, it illustrates the extent to which legal education is a discursive practice constituted simultaneously by a substantive construct of juridical power and a catalogue of disciplinary legal methods. While conceding the pervasive ascription of disciplinary power within the overall institutional framework of higher education, this article examines the specifically disciplinary nature of the legal method’. It is submitted that legal education's emphasis upon superficially objective and technical skills permits the perpetuation of juridical legal rhetoric through the ascription of methodological dictates. These methodological dictates discipline the mind of the law student into conformity with the official rhetoric of authority and impartiality that are the characteristic traits of the juridical syntax.
{"title":"The discipline of law : legal education at the intersection of the juridical and the disciplinary","authors":"V. Munro","doi":"10.1080/14760400308522893","DOIUrl":"https://doi.org/10.1080/14760400308522893","url":null,"abstract":"This article seeks to move beyond pre‐existing critiques of legal education as ideological training. Employing emerging interpretations of the Foucaultian concepts of the juridical and the disciplinary, it provides an analysis of the extent to which the expression ‘law as a academic discipline’ refers to more than a distinct body of substantive principles. In particular, it illustrates the extent to which legal education is a discursive practice constituted simultaneously by a substantive construct of juridical power and a catalogue of disciplinary legal methods. \u0000 \u0000While conceding the pervasive ascription of disciplinary power within the overall institutional framework of higher education, this article examines the specifically disciplinary nature of the legal method’. It is submitted that legal education's emphasis upon superficially objective and technical skills permits the perpetuation of juridical legal rhetoric through the ascription of methodological dictates. These methodological dictates discipline the mind of the law student into conformity with the official rhetoric of authority and impartiality that are the characteristic traits of the juridical syntax.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124295511","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 : 2003-03-01DOI: 10.1080/14760400308522891
Cherie Booth Qc
{"title":"Children's rights in the 21st century","authors":"Cherie Booth Qc","doi":"10.1080/14760400308522891","DOIUrl":"https://doi.org/10.1080/14760400308522891","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"177 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133793078","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 : 2001-12-01DOI: 10.1080/14760400108522884
Anthony Lester Qc
The Human Rights Act 1998, by rendering Ministers and civil servants more accountable to the judiciary, has created a sea change in the UK's constitutional settlement. Although a coincidence, 1998 also marked the tenth anniversary of the Commonwealth judicial colloquium ‐first convened in Bangalore in 1988. This, and the subsequent six colloquia, have provided a unique opportunity for members of Commonwealth countries’ senior judiciary to discuss the ways in which judicial protection of human rights in the Commonwealth can be strengthened. In this essay, Anthony Lester discusses the issues raised in the various colloquia. He sets out the Bangalore Principles and emphasises their continuing importance in ensuring the protection of fundamental rights and freedoms in the Commonwealth.
《1998年人权法案》(Human Rights Act 1998)要求部长和公务员对司法部门更负责，这使英国的宪法解决方案发生了翻天覆地的变化。虽然是巧合，1998年也是英联邦司法研讨会的十周年纪念——首次于1988年在班加罗尔召开。这次和随后举行的六次座谈会为英联邦国家的高级司法机构成员提供了一个独特的机会，讨论如何加强英联邦对人权的司法保护。在这篇文章中，安东尼·莱斯特讨论了各种座谈会上提出的问题。他阐述了班加罗尔原则，并强调这些原则在确保保护英联邦的基本权利和自由方面继续具有重要意义。
{"title":"The judicial protection of human rights in the commonwealth","authors":"Anthony Lester Qc","doi":"10.1080/14760400108522884","DOIUrl":"https://doi.org/10.1080/14760400108522884","url":null,"abstract":"The Human Rights Act 1998, by rendering Ministers and civil servants more accountable to the judiciary, has created a sea change in the UK's constitutional settlement. Although a coincidence, 1998 also marked the tenth anniversary of the Commonwealth judicial colloquium ‐first convened in Bangalore in 1988. This, and the subsequent six colloquia, have provided a unique opportunity for members of Commonwealth countries’ senior judiciary to discuss the ways in which judicial protection of human rights in the Commonwealth can be strengthened. In this essay, Anthony Lester discusses the issues raised in the various colloquia. He sets out the Bangalore Principles and emphasises their continuing importance in ensuring the protection of fundamental rights and freedoms in the Commonwealth.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130097467","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 : 2001-12-01DOI: 10.1080/14760400108522886
S. Felix
This article critically evaluates the competing theories of judicial review to arrive at the conclusion, advanced by the writer, that the ultra vires doctrine does not provide a sufficient rubric as a justification for judicial review. It is the writer's view that rights based review has the attraction of objectivity and would be more appropriate as the basis for judicial review. It is contended that the justification for the ultra vires doctrine, as the basis for judicial review, is, at best, tenuous in England and can have no legitimacy, whatsoever, in other countries, with written constitutions, where the constitutional arrangements are quite different.
{"title":"Is rights based review justified","authors":"S. Felix","doi":"10.1080/14760400108522886","DOIUrl":"https://doi.org/10.1080/14760400108522886","url":null,"abstract":"This article critically evaluates the competing theories of judicial review to arrive at the conclusion, advanced by the writer, that the ultra vires doctrine does not provide a sufficient rubric as a justification for judicial review. It is the writer's view that rights based review has the attraction of objectivity and would be more appropriate as the basis for judicial review. It is contended that the justification for the ultra vires doctrine, as the basis for judicial review, is, at best, tenuous in England and can have no legitimacy, whatsoever, in other countries, with written constitutions, where the constitutional arrangements are quite different.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134130340","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 : 2001-12-01DOI: 10.1080/14760400108522885
W. Twining
In exploring the possibilities for a new form of general jurisprudence which can underpin law as a cosmopolitan discipline, questions arise as to the feasibility and desirability of generalisations about law ‐ whether these be analytical, normative, empirical or legal in nature. Such questions are relevant both to legal scholarship and legal education. Engaging in comparative studies of the common law in its various jurisdictional manifestations provides a fruitful way of problematising what, if anything, is ‘general’ about general jurisprudence; as such it could be a means of developing a healthy cosmopolitan discipline of law.
{"title":"A cosmopolitan discipline? some implications of ‘Globalisation’ for legal education","authors":"W. Twining","doi":"10.1080/14760400108522885","DOIUrl":"https://doi.org/10.1080/14760400108522885","url":null,"abstract":"In exploring the possibilities for a new form of general jurisprudence which can underpin law as a cosmopolitan discipline, questions arise as to the feasibility and desirability of generalisations about law ‐ whether these be analytical, normative, empirical or legal in nature. Such questions are relevant both to legal scholarship and legal education. Engaging in comparative studies of the common law in its various jurisdictional manifestations provides a fruitful way of problematising what, if anything, is ‘general’ about general jurisprudence; as such it could be a means of developing a healthy cosmopolitan discipline of law.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124148023","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 : 2001-12-01DOI: 10.1080/14760400108522887
P. McAuslan
This article revisits the law and development movement. It notes that there is a renewed interest in law and development both amongst scholars and within the donor community. It seeks to examine whether there is a new law and development movement or whether the old ideas and approaches are merely being recycled. It examines recent literature on law and development and concludes that while there is a greater appreciation of the limits of law as a vehicle to bring about development, the underlying aims of both practice in and literature on law and development remains to bring about greater Westernisation of non‐Western legal systems.
{"title":"Path dependency, law and development","authors":"P. McAuslan","doi":"10.1080/14760400108522887","DOIUrl":"https://doi.org/10.1080/14760400108522887","url":null,"abstract":"This article revisits the law and development movement. It notes that there is a renewed interest in law and development both amongst scholars and within the donor community. It seeks to examine whether there is a new law and development movement or whether the old ideas and approaches are merely being recycled. It examines recent literature on law and development and concludes that while there is a greater appreciation of the limits of law as a vehicle to bring about development, the underlying aims of both practice in and literature on law and development remains to bring about greater Westernisation of non‐Western legal systems.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129842222","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 : 1900-01-01DOI: 10.1080/14760400408520461
R. Home
Abstract Hernando De Soto's global best-seller, The Mystery of Capital, has transformed the previously obscure topic of land titling into an apparent cure for the world's ills. His achievement has been to focus attention on the relationship between sustainable capitalist economic development and the need of the Third World poor for secure land tenure. He challenges lawyers (and other professionals concerned with land management) to recognise the centrality of land to issues of social justice and development. The article links De Soto's call for integrated property systems with current cross-disciplinary academic discourses on urban law and development and post-colonialism. Specific themes (illustrated with country examples) are cadastral reform (Southern Africa), adverse possession (Israel/Palestine) and usucapio (Brazil), the relationship of customary and individual land tenure (Botswana), and land assembly and infrastructure provision for urban development (land readjustment in Japan and India).
{"title":"Land titling and urban development in developing countries: the challenge of Hernando de Soto's 'The Mystery of Capital'","authors":"R. Home","doi":"10.1080/14760400408520461","DOIUrl":"https://doi.org/10.1080/14760400408520461","url":null,"abstract":"Abstract Hernando De Soto's global best-seller, The Mystery of Capital, has transformed the previously obscure topic of land titling into an apparent cure for the world's ills. His achievement has been to focus attention on the relationship between sustainable capitalist economic development and the need of the Third World poor for secure land tenure. He challenges lawyers (and other professionals concerned with land management) to recognise the centrality of land to issues of social justice and development. The article links De Soto's call for integrated property systems with current cross-disciplinary academic discourses on urban law and development and post-colonialism. Specific themes (illustrated with country examples) are cadastral reform (Southern Africa), adverse possession (Israel/Palestine) and usucapio (Brazil), the relationship of customary and individual land tenure (Botswana), and land assembly and infrastructure provision for urban development (land readjustment in Japan and India).","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125194083","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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