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Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel
Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel
David Pimentel
Rule of Law reform efforts in developing areas face daunting challenges: (1) the stigma of imperialism when Western-style institutions are imposed, (2) the unwillingness of local communities to embrace the reforms, and (3) a severe shortage of resources—human, physical, and financial. At the same time, some of these developing and post-conflict societies have highly functional customary law institutions (in Africa, e.g., a tribal chief applying a customary law handed down by oral tradition). These systems enjoy public confidence and function on very limited budgets—often providing prompt and accessible dispute resolution in the community. Unfortunately these indigenous systems do not always …
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
David Pimentel
A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, they have promised a new Constitution. Although they are operating under an Interim Constitution at the moment, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council, but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of …