The Constitution as Junction of Force and Law

The Constitution as Junction of Force and Law

Author: R. A. C. E. Achara

Publisher: Authorhouse UK

Published: 2005

Total Pages: 496

ISBN-13:

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Constitutional law is bedevilled by a crisis of standpoints. Many times, this has led to a lack of congruence between theory and practice. The true nature of the constitution is, for example, a central problem of Constitutional Law. In theory, the constitution is supreme 'law'. But, in practice, most publicists and courts recognize decrees during military rule as different from, yet superior to, the constitution. The student is fed these mutually antagonistic propositions, with a consequent loss of faith in the integrity of the subject matter. To make Constitutional Law more coherent, 'The Constitution as Junction of Force and Law' proposes the unifying doctrine of preponderant force. Because of the ontological nature of the problem, the book goes beyond the traditional sources of legal science. Although it examines constitutions, statutes and cases as well as books on these written by lawyers, it has also sought assistance elsewhere. The research reveals that: *The confusion of standpoints mostly results from an undue reliance upon textual analysis as well as a failure to distinguish Constitutional Law (i.e., the subject of study) from the constitution (i.e., the object studied). *Nomenclature is irrelevant. Whether it is called a 'decree, ' 'charter, ' 'constitution, ' 'basic law, ' etc., if it is the supreme law, then it is the constitution. *The constitution is of two parts: the written, partly written, or wholly unwritten, framework of government; and, the energizing force, which sustains that framework. *Normally, there are competing frameworks. A constitution is that one supported by the polity's current wielder of preponderant force. Since Constitutional law is the study of constitutions, this book concludes that, for coherence, it should always be taught and studied with a sensitive appreciation of the influence of preponderant force.


Essays in Honour of Judge Taslim Olawale Elias

Essays in Honour of Judge Taslim Olawale Elias

Author: Emmanuel G Bello

Publisher: Martinus Nijhoff Publishers

Published: 2023-07-17

Total Pages: 406

ISBN-13: 9004637842

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Text no. 1: The variety of topics covered and the quality of the contributors make these two volumes a necessary part of any law library in the world. The essays are designed to overlap in the well-tested and established fields and branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The essays fully demonstrate the depth of knowledge of the eminent professors and specialists who have written them. The two volumes of essays are divided into seven parts. Volume One, entitled Contemporary International Law and Human Rights, focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by his Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Judge Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human rights subjects still hold pride of place in the thinking of many legal experts and scholars and that is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part Five of the essays contains topics of interest in the African Legal system which has its roots in the British Common Law System. Constitutional Law is broadly covered in part six which forms a section of its own in Volume Two. Text no. 2: This Festschrift pays tribute to Judge Taslim Olawale Elias, the leading African exponent of International Law to date. The two volumes of essays are divided into seven parts. The first volume focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by His Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Jugde Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human Rights subjects still hold the pride of place in the thinking of many legal experts and scholars which is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part five of the essays contains topics of interest in African Legal system which took its roots from the British Common Law System. Constitutional Law is bloadly covered in part six which forms a section of its own in volume two. Quite apart from the variety of topics covered in this festschrift, the quality of the contributors to it, makes the whole exercise a necessary part of an important collection of any law library in the world. The framework of the essays suggest that they are designed to overlap in the well-tested and established field of law and those branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The richness of the festschrift is m.


The Nigerian Legal System

The Nigerian Legal System

Author: Charles Mwalimu

Publisher: Peter Lang Publishing

Published: 2005

Total Pages: 792

ISBN-13: 9780820471273

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Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.


Global Environmental Law at a Crossroads

Global Environmental Law at a Crossroads

Author: Robert V. Percival

Publisher: Edward Elgar Publishing

Published: 2014-06-27

Total Pages: 337

ISBN-13: 1783470852

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This timely volume considers the future of environmental law and governance in the aftermath of the "Rio+20" conference. An international set of expert contributors begin by addressing a range of governance concepts that can be used to addres


Constitutional Law in Nigeria

Constitutional Law in Nigeria

Author: Oyelowo Oyewo

Publisher: Kluwer Law International B.V.

Published: 2019-02-13

Total Pages: 224

ISBN-13: 9403507225

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Nigeria provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Nigeria will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.