Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel
Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel
David Pimentel
Legal pluralism is a contemporary reality and a challenge in most post-colonial African states, as they grapple with how to preserve the cultural heritage reflected in their customary law and institutions, while attempting to function as modern constitutional regimes. Few of them have found structural solutions for linkages between and mutual co-existence of multiple legal regimes within the same state. The policy that will drive the establishment of proper linkages must be approached with an eye to what the purpose of preserving a legally pluralistic regime, distinguishing the motivations of many—colonists in the past, and political opportunists today—who have exploited …
Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel
Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel
David Pimentel
Nepal is struggling to produce a new constitution, the blueprint for a new post-monarchic state, and major conflicts over the structure of the new judiciary have arisen. The rhetoric of the debate is deceiving, however. All sides argue for the same things, including judicial independence and accountability, but profound ideological differences vest those words with very different meanings for each party. Resolving these issues will require a mutual appreciation of the ideological differences and of the historical roots of the judiciary’s problems. The path forward begins with recognition that the answer does not necessarily lie in “international best practices” or …