Download or read book Rethinking Judicial Power in Papua New Guinea written by Bal Kama and published by Springer Nature. This book was released on with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Judicial Power in Papua New Guinea written by Bal Kama and published by Springer. This book was released on 2024-07-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rethinking Sustainable Development in Terms of Justice written by Lorena Martínez Hernández and published by Cambridge Scholars Publishing. This book was released on 2019-01-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to reassess the discourse of sustainable development in terms of equity and justice has grown rapidly in the last decade. This book explores renewed and distinctive approaches to the sustainability and justice debate, integrating a range of perspectives that include moral philosophy, sociology and law. By bringing together young and senior scholars from the field of global environmental law and governance from around the world, this work is divided into three sections, covering sustainable development and justice, sustainable development in context, and sustainable development and judiciaries. This book will appeal to academics, law practitioners and policy-makers interested in shaping future socio-legal research on global environmental law and governance.
Download or read book Rethinking Decentralization in Papua New Guinea written by Johann-Friedrich Ramm and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Resource Management written by Richard Howitt and published by Routledge. This book was released on 2002-01-31 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers students and practitioners a sophisticated and convincing framework for rethinking the usual approaches to resource management. It uses case studies to argue that professional resource managers do not take responsibility for the social and environmental consequences of their decisions on the often vulnerable indigenous communities they affect. It also discusses the invisibility of indigenous people' values and knowledge within traditional resource management. It offers a new approach to social impact assessment methods which are more participatory and empowering. The book employs a range of case studies from Australia, North America and Norway.
Download or read book Rethinking Global Governance written by Justin Jennings and published by Taylor & Francis. This book was released on 2023-05-09 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that long-ignored, non-western political systems from the distant and more recent past can provide critical insights into improving global governance. These societies show how successful collection action can occur by dividing sovereignty, consensus building, power from below, and other mechanisms. For a better tomorrow, we need to free ourselves of the colonial constraints on our political imagination. A pandemic, war in Europe, and another year of climatic anomalies are among the many indications of the limits of global governance today. To meet these challenges, we must look far beyond the status quo to the thousands of successful mechanisms for collective action that have been cast aside a priori because they do not fit into Western traditions of how people should be organized. Coming from long past or still enduring societies often dismissed as “savages” and “primitives” until well into the twentieth century, the political systems in this book were often seen as too acephalous, compartmentalized, heterarchical, or anarchic to be of use. Yet as globalization makes international relations more chaotic, long-ignored governance alternatives may be better suited to today’s changing realities. Understanding how the Zulu, Trypillian, Alur, and other collectives worked might be humanity’s best hope for survival. This book will be of interest both to those seeking to apply archaeological and ethnographic data to issues of broad contemporary concern and to academics, politicians, policy makers, students, and the general public seeking possible alternatives to conventional thinking in global governance.
Download or read book Foreign Judges in the Pacific written by Anna Dziedzic and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.
Download or read book Justice Reform and Development written by Linn A. Hammergren and published by Routledge. This book was released on 2014-04-29 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.
Download or read book Crime in Papua New Guinea written by David Biles and published by . This book was released on 1976 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corruption Integrity and the Law written by Nicholas Ryder and published by Routledge. This book was released on 2020-02-11 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world – including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals – especially solicitors, barristers, businessmen and public servants.
Download or read book Kings as Judges written by Deborah Boucoyannis and published by Cambridge University Press. This book was released on 2021-07-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did representative institutions become the central organs of governance in Western Europe? What enabled this distinctive form of political organization and collective action that has proved so durable and influential? The answer has typically been sought either in the realm of ideas, in the Western tradition of individual rights, or in material change, especially the complex interaction of war, taxes, and economic growth. Common to these strands is the belief that representation resulted from weak ruling powers needing to concede rights to powerful social groups. Boucoyannis argues instead that representative institutions were a product of state strength, specifically the capacity to deliver justice across social groups. Enduring and inclusive representative parliaments formed when rulers could exercise power over the most powerful actors in the land and compel them to serve and, especially, to tax them. The language of rights deemed distinctive to the West emerged in response to more effectively imposed collective obligations, especially on those with most power.
Download or read book Social Sciences Index written by and published by . This book was released on 1996 with total page 2690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Security Sector Governance Migration Nexus written by Sarah Wolff and published by Ubiquity Press. This book was released on 2021-05-13 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main argument is that improving migrants’ rights and conceptual linkages between SSG/R and migration is best achieved, by decentring our gaze, namely going beyond the ‘national’ and ‘state-centric’ view that characterizes traditionally SSG/R and to consider the agency of both migrants and SSR actors. First from a migrants’ perspective, it is key for SSR actors to go beyond traditional legal classifications and to consider the diversity of personal situations that involve refugees, stranded migrants and asylum seekers, which might endorse different roles at different times of their journeys and lives. Second, the transnational nature of migration calls for a transnationalization of SSG/R too. For too long the concept has mostly been applied within the national setting of SSR institutions and actors. Migration calls for a clear decentring that involves a transnational dimension and more work among transnational actors and policymakers to facilitate a norm transfer from the domestic to the interstate and international level. As such, the ‘transnational’ nature of migration and its governance needs to be ‘domesticated’ within the national context in order to change the mindset of SSG/R actors and institutions. More importantly, the paper argues that poor SSG/R at home produces refugees and incentivizes migrants to leave their countries after being victims of violence by law enforcement and security services. During migrants’ complex and fragmented journeys, good security sector governance is fundamental to address key challenges faced by these vulnerable groups. I also argue that a better understanding of migrants’ and refugees’ security needs is beneficial and central to the good governance of the security sector. After reviewing the key terms of migration and its drivers in section 2, section 3 reviews how SSG is part of the implementation of the GCM. SSR actors play a role in shaping migratory routes and refugees’ incentives to leave, in explaining migrants’ and refugees’ resilience, in protecting migrants and refugees, and in providing security. Although it cautions against artificial classifications and the term of ‘transit migration’, section 4 reviews what the core challenges are in the countries of origin, transit and destination. Section 5 provides a detailed overview of the linkages between migration and each security actor: the military, police forces, intelligence services, border guards, interior ministries, private actors, criminal justice, parliaments, independent oversight bodies and civil society. Section 6 formulates some recommendations.
Download or read book Building Peace Rebuilding Patriarchy written by Melissa Johnston and published by Oxford University Press. This book was released on 2023 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Men and women do not experience war, violence, and peace in the same ways. Accordingly, peacebuilding interventions now incorporate "gender mainstreaming" and stand-alone "gender-and-development". These gender interventions should make peacebuilding more effective and sustainable, facilitating stable societies and efficient economies. But success has been mixed. The case of in Timor-Leste is instructive. Interventions on gender responsive budgeting, domestic violence, and microfinance have uneven results. Whereas the level of women's participation in national politics in Timor-Leste is high by international standards, overall deep inequalities remain, inequality between rural and urban areas is growing, and violence against women is endemic across the country. Feminists have found fault with gender interventions, saying they don't go far enough, and scholars of the local turn have suggested a focus on gender encourages backlash against interventions. Instead of focusing on a clash of "local" and "international", Rebuilding Patriarchy uses gender and class to explain the uneven outcomes. It argues that peacebuilders made concessions to elites and violent men in order to keep the peace, a tendency amplified by "local turn" approaches to peacebuilding. It has reinforced the valorisation of armed masculinity, associated most strongly with the dominant class, which have in turn justified the unequal distribution of state petroleum resources. As well, gender, class and domestic violence are connected through brideprice, rendering legal and political reforms ineffective. Lastly, microfinance was supposed to empower women and grow the economy, but its main beneficiaries were elites, repeating patterns of accumulation and rule-through-debt established during era Indonesian-era"--
Download or read book The Judicialization of Politics in Latin America written by Rachel Sieder and published by Springer. This book was released on 2016-04-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Download or read book Can Courts be Bulwarks of Democracy written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
