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Contains papers presented at a conference entitled "Roles and perspectives in the law" held in April 2002 at Victoria University of Wellington Law School honouring Sir Ivor Richardson upon his retirement as President of the Court of Appeal. Covers eight distinct and contrasting areas of law, the juxtaposition of which illustrates the underlying principles, tensions, and values that run through the law. Includes sections on taxes and commercial regulation.
How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.
Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.
Throughout the South Pacific, notions of ‘culture’ and ‘development’ are very much alive—in political debate, the media, sermons, and endless discussions amongst villagers and the urban élites, even in policy reports. Often the terms are counterposed, and development along with ‘economic rationality’, ‘good governance’ and ‘progress’ is set against culture or ‘custom’, ‘tradition’ and ‘identity’. The decay of custom and impoverishment of culture are often seen as wrought by development, while failures of development are haunted by the notion that they are due, somehow, to the darker, irrational influences of culture. The problem is to resolve the contradictions between them so as to achieve the greater good—access to material goods, welfare and amenities, ‘modern life’—without the sacrifice of the ‘traditional’ values and institutions that provide material security and sustain diverse social identities. Resolution is sought in this book by a number of leading writers from the South Pacific including Langi Kavaliku, Epeli Hau’ofa, Marshall Sahlins, Malama Meleisea, Joeli Veitayaki, and Tarcisius Tara Kabutaulaka. The volume is brought together for UNESCO by Antony Hooper, Professor Emeritus at the University of Auckland. UNESCO experts include Richard Engelhardt, Langi Kavaliku, Russell Marshall, Malama Meleisea, Edna Tait and Mali Voi.
"Brij V. Lal is a singular scholar. His work has spanned disciplines—from history to politics—and genres—from conventional monograph history, to participant history, political commentary, encyclopaedia, biography and faction. Brij is without doubt the most eminent scholar Fiji has ever produced. He also remains the most significant public intellectual of his country, despite having been banned from entering it in 2009. He is also one of the leading Pacific historians of his generation, and an internationally recognised authority on the Indian diaspora. This Festschrift volume celebrates, reflects upon and extends the life and work of this colourful scholar. The essays, whose contributors are drawn from across the globe, do more than review Brij’s work; they also probe his contribution to both scholarly and political life. This book will therefore serve as an invaluable guide for readers from all walks of life seeking to better situate and understand the impact of Brij’s scholarly activism on Fiji and beyond." — Clive Moore, University of Queensland "It is a pleasure to commend this collection of very different essays that celebrate, reflect upon and extend the life and work of a remarkable scholar. Although I have had, at times, a close association with Brij Lal’s life and work, I have learned much from reading this book. It provokes further thought about the course of democracy in Fiji, and the very sorry state and future of Pacific history and the humanities in academia. Here is a timely assertion of the significance and major contribution that courageous scholars such as Brij have made to the study and public awareness of these areas of concern." — Jacqueline Leckie, University of Otago
The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.
The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law. Contributors are: S.A.Arjomand, Nathan J. Brown, Ruth Gavison, Julian Go, Keyvan Tabari, Heinz Klug, Jill Cottrell, Yash Ghai, László Sólyom, Jacek Kurczewski, Anders Fogelklou, Grażyna Skąpska, Dieter Grimm, Kim Lane Scheppele, Ruth Rubio Marín , and Dicle Kogacioğlu.
This two-volume work continues the series of election data handbooks published by OUP. It presents a first-ever compendium of electoral data for all the 62 states in Asia, Australia and Oceania from their independence to the present. Following the overall structure of the series, an initial comparative introduction on elections and electoral systems is followed by chapters on each state of the region. Written by knowledgeable and renowned scholars, the contributions examine the evolution of institutional and electoral arrangements, and provide systematic surveys of the up-to-date electoral provisions and their historical development. Exhaustive statistics on national elections and referendums are given in each chapter. Together with the other books of this series, Elections in Asia and the Pacific is a highly reliable resource for historical and cross-national comparisons of elections and electoral systems world-wide. The second volume of Elections in Asia and the Pacific covers the Asia-Pacific area, i.e. the 30 independent states of East Asia (including Japan), South East Asia and the South Pacific (including Australia and New Zealand).
"The Pacific Islands are feeling the effects of globalisation. Free trade in sugar and garments is threatening two of Fiji's key industries. At the same time other opportunities are emerging. Labour migration is growing in importance, and Pacific governments are calling for more access to Australia's labour market. Fiji has joined Samoa, Tonga, Tuvalu and Kiribati as a remittance economy, with thousands of its citizens working overseas. Meantime, Papua New Guinea and Solomon Islands grapple with an older kind of globalisation in which overseas companies exploit mineral and forest resources. The Pacific Islands confront unique problems of governance in this era of globalisation. The modern, democratic state often fits awkwardly with traditional ways of doing politics in that part of the world. Just as often, politicians in the Pacific exploit tradition or invent it to serve modern political purposes. The contributors to this volume examine Pacific globalisation and governance from a wide range of perspectives. They come from Papua New Guinea, Solomon Islands, Hawai'i, the Federated States of Micronesia, Samoa, Fiji, New Zealand and Jamaica as well as Australia."--Publisher's description.