The Cambridge Companion to the Rule of Law

The Cambridge Companion to the Rule of Law

as less.115 ensuring that these rights are equally protected as private land rights.”111 These private land rights would be held by “the community as a collective land owner,” with “groups, families, and individuals within the ...

Author: Jens Meierhenrich

Publisher: Cambridge University Press

ISBN: 9781108620178

Category: Law

Page:

View: 292

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Categories: Law

Promoting the Rule of Law in Post Conflict States

Promoting the Rule of Law in Post Conflict States

World Bank's 2003 land review report showed that the Bank was questioning the previous economic orthodoxy that the recognition of customary land rights constrained economic development and that individualisation and privatisation were ...

Author: Laura Grenfell

Publisher: Cambridge University Press

ISBN: 9781107026193

Category: Law

Page: 331

View: 123

Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
Categories: Law

The Art of Land Surveying explained by short and easy rules Second edition

The Art of Land Surveying  explained by short and easy rules     Second edition

In measuring a field for the purpose of ascertaining the quantity of land ploughed , mowed , or reaped , & c . , the fences are not included ; the dimensions are taken only as far as the " plough and scythe go ; " — this is of ...

Author: John Quested

Publisher:

ISBN: BL:A0020467012

Category:

Page:

View: 539

Categories:

Aboriginal Customary Law A Source of Common Law Title to Land

Aboriginal Customary Law  A Source of Common Law Title to Land

... even according to the High Court's narrow interpretation of the non-derogation rule in inhabited settled colonies, ... customary rights to land are not derived from Crown grant, they can be secured by the rules of the common law.

Author: Ulla Secher

Publisher: Bloomsbury Publishing

ISBN: 9781782253761

Category: Law

Page: 534

View: 668

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Categories: Law

Writing Effective Business Rules

Writing Effective Business Rules

For example, whereas rule 3 applies only to transfer instruments (since only these involve a consideration), rules 1 ... “The Land Title Reference for the Land Title that is involved in the Real Property Transaction documented in a Real ...

Author: Graham Witt

Publisher: Elsevier

ISBN: 9780123850522

Category: Computers

Page: 360

View: 491

Writing Effective Business Rules moves beyond the fundamental dilemma of system design: defining business rules either in natural language, intelligible but often ambiguous, or program code (or rule engine instructions), unambiguous but unintelligible to stakeholders. Designed to meet the needs of business analysts, this book provides an exhaustive analysis of rule types and a set of syntactic templates from which unambiguous natural language rule statements of each type can be generated. A user guide to the SBVR specification, it explains how to develop an appropriate business vocabulary and generate quality rule statements using the appropriate templates and terms from the vocabulary. The resulting rule statements can be reviewed by business stakeholders for relevance and correctness, providing for a high level of confidence in their successful implementation. A complete set of standard templates for rule statements and their component syntactic elements A rigorous approach to rule statement construction to avoid ambiguity and ensure consistency A clear explanation of the way in which a fact model provides and constrains the rule statement vocabulary A practical reader-friendly user guide to the those parts of the SBVR specification that are relevant to rule authoring
Categories: Computers

A Description of the Common Laws of England According to the Rules of Art Compared with the Prerogatives of the King

A Description of the Common Laws of England  According to the Rules of Art  Compared with the Prerogatives of the King

( Rule 46. ) But otherwise it is in Matter of Inheritance , as if the Husband discontinue or charge the Land of the Wife , release or manumife Villains , & c . ( Rule 33. ) Feoffee with Warranty dies , having two Daughters , who make ...

Author: Sir Henry Finch

Publisher:

ISBN: STANFORD:36105063916626

Category: Law

Page: 494

View: 386

Categories: Law

The Development of the Rule of Law in ASEAN

The Development of the Rule of Law in ASEAN

... evicting the landowner from his land pending the determination of the main issue with the regional court. The Tribunal in Campbell also interpreted broad provisions of the SADC treaty on human rights, democracy and the rule of law.

Author: Imelda Deinla

Publisher: Cambridge University Press

ISBN: 9781107193604

Category: Law

Page: 263

View: 418

An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.
Categories: Law

The rule of conscience

The rule of conscience

And here comes in that rule of the law , ' The accessory follows the nature of the principal ; ' which hath been so ... If Titius hires my land and builds a house upon it , the house is but the accessory , be- cause it came , after my ...

Author: Jeremy Taylor

Publisher:

ISBN: OXFORD:300149922

Category: Theology

Page: 642

View: 103

Categories: Theology

Handbook on the Rule of Law

Handbook on the Rule of Law

In Aceh, for example, attempts to institute a formal land titling system clashed with traditional community-based land systems.66 Similarly, in Somalia, efforts to strengthen individual rights conflicted with customary systems of ...

Author: Christopher May

Publisher: Edward Elgar Publishing

ISBN: 9781786432445

Category: Law

Page: 576

View: 606

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Categories: Law

Serving the Rule of International Maritime Law

Serving the Rule of International Maritime Law

If one were to seek for a typical illustration of what is meant by the adage 'the land dominates the sea,' it is here that it would be found.24 The Chamber underscored that the concept of adjacency, ...

Author: Norman A. Martínez Gutiérrez

Publisher: Routledge

ISBN: 9781135183356

Category: Law

Page: 469

View: 397

International maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. Serving the Rule of International Maritime Law is thus not limited to a description of the current state of the law, but contains innovative studies on current issues and events that are testing the present state of international maritime law. The book is intended as a Liber Amicorum to Professor David Joseph Attard. It celebrates his career in international law; he played a crucial role in establishing the IMO International Maritime Law Institute in 1988, the main purpose of which is to train lawyers in private and public international maritime law. Over the last twenty years he has continued to teach at the Institute and has played an important role in contributing to the work of international fora concerned with the development of international law. This work represents a close collaboration amongst practitioners and academics involved in the field of international maritime law including IMO Secretary-General Efthimios E. Mitropoulos, Judge Helmut Tuerk, Professor Francis Reynolds Q.C. and Patrick J.S. Griggs CBE. Part I contains general articles in international maritime law, Part II is dedicated to the law of the sea, and Part III is devoted to issues on shipping law. Serving the Rule of International Maritime Law is of great interest to professionals in the shipping industry as well as practitioners, academics and students.
Categories: Law