JOURNAL OF PACIFIC STUDIES
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Vol.21, 1997(11)

Title: The reception of judges' rules and the right to counsel in the Constitution of Western Samoa

Author: Malifa, Leulua'iali'i Tasi
Subject:  Rights to counsel|Samoa
 Law|Samoa
Volume: Vol.21, 1997
Collation: p. 161-187

Abstract: This paper examines the development of Judges’ Rules in (Western) Samoa and its role in light of the Constitution, particularly Article 6

Original information

Title: Customary rules and the welfare principle : post-independence custody cases in Solomon Islands and Vanuatu

Author: Brown, Kenneth
Subject:  Customary law|Melanesia
 Custody of children|Melanesia
Volume: Vol.21, 1997
Collation: p. 83-101

Abstract: Since the advent of independence in Solomon Islands on 7 July 1978 and Vanuatu on 30 July 1980, customary law has been given official recognition as part of the law of the land by virtue of provisions contained in the respective Constitutions of the two countries.

Original information

Title: Crown ownership of foreshores and seabed in Solomon Islands

Author: Kabui, Frank
Subject:  Water rights|Solomon Islands
 Customary law|Solomon Islands
Volume: Vol.21, 1997
Collation: p. 123-144

Abstract: Crown ownership of the foreshores and the seabed is a common law principle. It is the law of England. Introduced in 1893 by virtue of the Pacific Order in Council 1893, it has become part of the law of Solomon Islands

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Title: Custom and constitutionally protected fundamental rights in the South Pacific Region : the approach of the courts to potential conflitcs

Author: Farran, Susan
Subject:  Customary law|Oceania
 Civil rights|Oceania
Volume: Vol.21, 1997
Collation: p.103-122

Abstract: As a form of social regulation, custom is characteristic of traditional societies. As societies develop, custom gives way to law, either being replaced by it or by taking on the form of law itself, becoming customary law.

Original information

Title: Colonial legacies? : a study of received and adopted legislation applying in the University of the South Pacific region

Author: Care, Kemmofer Corrin
Subject:  Law|Oceania
 Law|Great Britain|Colonies
 Colonies|Law and legislation
Volume: Vol.21, 1997
Collation: p. 33-59

Abstract: When the island countries of the South Pacific moved towards independence (which is intended here to include self-governance), decisions concerning the laws under which they would operate had to be made.

Original information

Title: The idea of law : a Pacific perspective

Author: Vaai, Asiata
Subject:  Law|Oceania
Volume: Vol.21, 1997
Collation: p. 225-245

Abstract: [ Abstract not available ]

Original information

Title: Healthy, wealthy and wise : the national government of Tokelau after 150 years

Author: Angelo, Tony
Subject:  Law|Tokelau
Volume: Vol.21, 1997
Collation: p. 215-224

Abstract: In the last 150 years there has been contact with outside influences, the impact of which has, in population and numerical terms, been disproportionate.

Original information

Title: The application of the common law and equity in countries of the South Pacific

Author: Paterson, Don
Subject:  Common law|Oceania
Volume: Vol.21, 1997
Collation: p. 1-31

Abstract: The introduction of the common law and equity was effected by provisions of the Constitution or by legislation, and this written law expressly stated that the principles of common law and equity were subject to certain restrictions and limitations as to their application.

Original information

Title: Crime, community penalty and integration with legal formalism in the South Pacific

Author: Findlay, Mark
Subject:  Crime law|Oceania
 Customary law|Oceania
Volume: Vol.21, 1997
Collation: p. 145-160

Abstract: This paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom.

Original information

Title: Common law at bay? : the scope and status of customary law regimes in the Pacific

Author: Powles, Guy
Subject:  Customary law|Oceania
Volume: Vol.21, 1997
Collation: p. [61] -82

Abstract: This paper will attempt to demonstrate the diversity and extent of the recognition and use of customary law in the context of the introduction of common law, while examining problems associated with customary law’s role and dimensions as a sub-system of the law of the state.

Original information

Title: The evolution of trial by judge and assessors in Fiji

Author: Duff, Peter
Subject:  Jury|Fiji
 Trial practice|Fiji
Volume: Vol.21, 1997
Collation: p. 189-213

Abstract: This article will discuss the evolution of the Fijian system of trial by judge and assessors, which is used in the most serious of criminal cases.

Original information

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