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Journal articles on the topic 'Commonwealth law'

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Published: 4 June 2021
Last updated: 13 December 2023

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1

Commonwealth Secretariat. "Commonwealth Law Bulletin." Commonwealth Law Bulletin 34, no. 3 (September 2008): 629–31. http://dx.doi.org/10.1080/03050710802268414.

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2

Slinn, Peter, and Karen Brewer. "THE COMMONWEALTH PRINCIPLES (LATIMER HOUSE) ON THE RELATIONSHIP BETWEEN THE THREE BRANCHES OF GOVERNMENT: TWENTY YEARS ON." Denning Law Journal 30, no. 2 (August 8, 2019): 101–19. http://dx.doi.org/10.5750/dlj.v30i2.1700.

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2018 marks the twentieth anniversary of the Latimer House ‘process’ which commenced with the drafting of the Latimer House Guidelines for the Commonwealth on Good Practice Governing Relations between the Executive, Parliament and the Judiciary. Since then the Latimer House Guidelines have been transformed into the Commonwealth Principles (Latimer House) on the Relationship between the Three Branches of Government which have been endorsed by Commonwealth Heads of Government on several occasions. This article assesses the role of the Latimer House process over the last two decades against the background of the Commonwealth’s evolving commitments to good governance and the rule of law. In Part 1 explores the role of the Commonwealth in supporting good governance and the rule of law whilst Part 2 considers and evaluates the Latimer House process itself. Part 3 reviews the development of the Commonwealth Principles in practice whilst in Part 4 some specific implementation issues concerning the Judiciary are discussed. Part 5 considers the future development of the Commonwealth Principles whilst Part 6 provides a conclusion and overview.
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3

Patel, Nilay B. "Commonwealth Caribbean tort law." Commonwealth Law Bulletin 36, no. 3 (September 2010): 647–49. http://dx.doi.org/10.1080/03050718.2010.500859.

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4

Slinn, Peter. "James Read the Law Reporter: The Case Law of the African Commonwealth." Journal of African Law 40, no. 2 (1996): 279–80. http://dx.doi.org/10.1017/s0021855300007828.

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In the Introduction to this volume, brief reference was made to James Read’s work as General Editor of Law Reports of the Commonwealth. The series includes cases from every part of the Commonwealth, but the purpose of this brief note is to draw particular attention to some recent cases reported from African jurisdictions, some of which have no up-to-date series of law reports of their own.
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5

Glebov, I. N. "Military Law of the Commonwealth." Russian Politics & Law 33, no. 2 (March 1995): 70–84. http://dx.doi.org/10.2753/rup1061-1940330270.

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6

Edelman, James, Steven Elliott, Sue Gibbons, and Elizabeth Stone. "Oxford University Commonwealth Law Journal." Oxford University Commonwealth Law Journal 1, no. 1 (June 2001): 1–2. http://dx.doi.org/10.1080/14729342.2001.11421380.

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7

Peiris, G. L. "Involuntary manslaughter in Commonwealth Law." Legal Studies 5, no. 1 (March 1985): 21–55. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00320.x.

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It has been aptly observed that ‘Of all crimes manslaughter appears to afford most difficulties of definition’. More recently, the Court of Criminal Appeal in England has made the comment: ‘There has never been a complete and satisfactory definition of manslaughter.’The complexity of definition is associated with a peculiar feature of manslaughter, in that the essential mental requisite consists of the accused's state of mind in relation to his physical act rather than to a particular consequence of the actus reus. The crime of manslaughter postulates mew Tea only in the special sense of intention to commit the act which brings about the consequence of death, even though this consequence may not have been desired or even foreseen by the accused. Thus, the intention to cause death or serious injury is not necessarily a requirement of liability for manslaughter.
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8

Zammit Borda, Aldo. "Law Reports of the Commonwealth." Commonwealth Law Bulletin 35, no. 2 (June 2009): 367. http://dx.doi.org/10.1080/03050710902924593.

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9

Read, James S., and Peter E. Slinn. "Law Reports of the Commonwealth." Commonwealth Law Bulletin 35, no. 2 (June 2009): 379–419. http://dx.doi.org/10.1080/03050710902925251.

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10

JC Mubangizi and DJ McQuoid-Mason. "Teaching Human Rights in Commonwealth University Law Schools: Approaches and Challenges, With Passing References to Some South African Experiences." Obiter 41, no. 1 (April 1, 2020): 106–21. http://dx.doi.org/10.17159/obiter.v41i1.10551.

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There have been a number of international commitments by members of the United Nations, including Commonwealth countries, to include human-rights education in their formal and informal education programmes. In addition, the Commonwealth Legal Education Association (CLEA), under the auspices of the Commonwealth Secretariat, has produced a Model Human Rights Curriculum for Commonwealth countries. Despite these initiatives, there appears to have been no systematic programme for introducing human-rights education at Commonwealth universities. An increasing number of Commonwealth law schools, however, have introduced human-rights law by integrating it into existing law courses as a “stand-alone” optional or core course, or as a combination of both. In addition, university-based centres for human rights have been established. The importance of the role that universities can play in advancing human rights in countries transitioning from autocracy to democracy is illustrated with passing references to the South African experience.
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11

Enman, Steven R. "Canadian, English and Commonwealth Contract Law." Anglo-American Law Review 16, no. 3 (August 1987): 191–219. http://dx.doi.org/10.1177/147377958701600302.

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12

Law Reform Commission of British Co. "The commonwealth‐wide law reform database." Commonwealth Law Bulletin 16, no. 4 (October 1990): 1443–44. http://dx.doi.org/10.1080/03050718.1990.9986107.

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13

Read, James S., and Peter E. Slinn. "The Commonwealth through the case law." Commonwealth Law Bulletin 36, no. 4 (December 2010): 729–72. http://dx.doi.org/10.1080/03050718.2010.524356.

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14

Read, James S., and Peter E. Slinn. "The Commonwealth through the case law." Commonwealth Law Bulletin 38, no. 1 (March 2012): 131–72. http://dx.doi.org/10.1080/03050718.2012.646739.

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15

Woodman, Gordon R. "Private international law in Commonwealth Africa." Commonwealth Law Bulletin 40, no. 2 (April 3, 2014): 411–15. http://dx.doi.org/10.1080/03050718.2014.899476.

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16

Zammit Borda, Aldo. "International humanitarian law in the Commonwealth." Commonwealth Law Bulletin 35, no. 4 (December 2009): 719. http://dx.doi.org/10.1080/03050710903387865.

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17

Wiseman, David A. "Gaming Law in America's Newest Commonwealth." Gaming Law Review 1, no. 1 (March 1997): 97–99. http://dx.doi.org/10.1089/glr.1997.1.97.

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18

Engle, George. "Legislation Before the Commonwealth Law Conference." Statute Law Review 8, no. 2 (1987): 71–76. http://dx.doi.org/10.1093/slr/8.2.71.

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19

Ahmed, Farrah, Richard Albert, and Adam Perry. "Judging constitutional conventions." International Journal of Constitutional Law 17, no. 3 (July 2019): 787–806. http://dx.doi.org/10.1093/icon/moz060.

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Abstract The study of constitutional conventions is anchored in three assumptions that have so far remained largely unchallenged: that there is a shared “Commonwealth approach” to constitutional conventions; that Commonwealth courts will recognize and employ conventions but never enforce them; and that conventions are always distinguishable from rules of law. After setting out a new taxonomy of modes of judicial engagement with constitutional conventions, we overturn each of these assumptions. We draw on recent case law from Canada, India, and the United Kingdom to show that there is no shared “Commonwealth approach” to the treatment of constitutional conventions. We show that some Commonwealth courts do, in fact, enforce conventions. Finally, we show that at least some constitutional conventions have crystallized into law. These insights disrupt much of what is foundational in the study of constitutional conventions.
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20

Twomey, Anne. "Inconsistency between Commonwealth and Territory Laws." Federal Law Review 42, no. 3 (September 2014): 421–39. http://dx.doi.org/10.22145/flr.42.3.1.

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The rules concerning the inconsistency of Commonwealth and territory laws have been little explored and largely neglected. They rose to recent prominence in the challenge to the validity of the ACT's same-sex marriage laws. The ACT claimed that even if the Commonwealth's Marriage Act was intended to cover the field, the ACT's same-sex marriage law could still operate concurrently with it, because of the different application of inconsistency rules in the ACT. This article considers how inconsistency rules operate in the different territories, what was intended by the ACT inconsistency provision, how the High Court determined the issue, and whether a better explanation can be given for the outcome.
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21

Carmody, Chi. "On Expelling Nigeria from the Commonwealth." Canadian Yearbook of international Law/Annuaire canadien de droit international 34 (1997): 273–91. http://dx.doi.org/10.1017/s0069005800006408.

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SummaryIn November 1995, the execution of Nigerian writer Ken Saro-Wiwa led to Nigeria’s suspension from the Commonwealth and the possibility of its expuhion from membership. The absence of an expulsion clause for the Commonwealth led to the question whether the association has the inherent power to expel and whether any such power of expuhion is limited by international law. A review of treaties, customary international law, and commentary suggests that the Commonwealth can expel a member by use of implied power. Other factors, however, militate against Nigeria’s expuhion. Once expelled, Nigeria would be free to behave as it saw fit. Expuhion could aho divide the Commonwealth and make other members think twice about their membership obligations. The author concludes that expuhion from the Commonwealth must be a last resort.
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22

Phang, Andrew, and Pey-Woan Lee. "EXEMPLARY DAMAGESTWO COMMONWEALTH CASES." Cambridge Law Journal 62, no. 1 (March 1, 2003): 32–36. http://dx.doi.org/10.1017/s0008197303326212.

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23

Lee, Daniel. "Private Law Models for Public Law Concepts: The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty." Review of Politics 70, no. 3 (2008): 370–99. http://dx.doi.org/10.1017/s0034670508000557.

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AbstractThe essay traces the juridical origins of the modern doctrine of popular sovereignty as developed by the monarchomach jurists of the late sixteenth century. Particularly, the use of doctrines from the Roman law of property explains the sovereign right of the people to resist and reconstitute the commonwealth. Reviving the civilian concept of dominium during the French Wars of Religion and dynastic royal politics, these radical jurists articulated the claim that the people, not kings, have property rights over the commonwealth. By conceptualizing the people corporately as property-owners in this way, they were able to draw on legal arguments from Roman law to justify popular resistance as an assertion of a corporate property right. In doing so, the monarchomachs expressed an elaborate theory of state and sovereignty within the grammar of the Roman private law.
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24

Hartford Davis, Sebastian Howard. "The Legal Personality of the Commonwealth of Australia." Federal Law Review 47, no. 1 (February 8, 2019): 3–30. http://dx.doi.org/10.1177/0067205x18816236.

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The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that nation. Current idioms (eg ‘polity’ and ‘body politic’) have a tendency to confuse these distinctions. The article suggests, as a more appropriate way to denote the Commonwealth as legal person, the term ‘constitutional person’.
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25

Bruce, Margaret. "Developing a Commonwealth Model Law on Competition." Commonwealth Law Bulletin 32, no. 3 (September 2006): 449–59. http://dx.doi.org/10.1080/03050710601074500.

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26

Ahmed, Farrah, Richard Albert, and Adam Perry. "Enforcing constitutional conventions." International Journal of Constitutional Law 17, no. 4 (October 2019): 1146–65. http://dx.doi.org/10.1093/icon/moz061.

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Abstract In an earlier article, we disproved the three claims central to the dominant view in the study of constitutional conventions: that there is a shared “Commonwealth approach” to constitutional conventions; that Commonwealth courts will recognize and employ conventions but never enforce them; and that conventions are sharply distinguishable from rules of law. We drew from Canada, India, and the United Kingdom to demonstrate that Commonwealth courts have recognized, employed, and indeed also enforced conventions. In this article, we turn from the descriptive to the normative, arguing, again in contrast with the dominant view, that Commonwealth courts sometimes should enforce conventions. We argue that courts should act as executors of the will and judgment of constitutional actors, and limit themselves to enforcing only power-shifting conventions: conventions which transfer power from those who have legal power to those who can legitimately wield it. In playing this role, judges uphold the legitimate allocation of power—legitimate, not according to judges but according to constitutional actors themselves.
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27

Kelly, Danial. "Natural Resources Law in Australia: Principles and Practices." Jambe Law Journal 1, no. 2 (July 12, 2019): 155–76. http://dx.doi.org/10.22437/jlj.1.2.155-176.

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What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
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28

Hammond, Emily. "The Constitution’s Guarantee of Legal Accountability for Jurisdictions." Federal Law Review 49, no. 4 (October 26, 2021): 528–53. http://dx.doi.org/10.1177/0067205x211039887.

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This article argues that the Constitution’s entrenched provision for judicial review may be understood as a guarantee of legal accountability for a specific class of governmental powers, namely, powers whose exercise has a legal effect on rights and obligations (‘jurisdictions’). The paper’s argument is prompted by the observations in Kaldas v Barbour (2017) 350 ALR 292; [2017] NSWCA 275 on the class of administrative actions that are amenable to entrenched judicial review of State powers. The article shows that the application of this understanding to entrenched review of Commonwealth powers has significant explanatory value. It casts new light on two puzzling features of entrenched review of Commonwealth powers: The discrimen between executive and judicial power that underpins a separation of powers rationale for entrenched review of Commonwealth executive action and the demarcation between s 75(iii) and s 75(v) injunctions against Commonwealth officers. Viewing entrenched review as a guarantee of legal accountability for jurisdictions prompts new insights into its constitutional rationale and its specific contribution to government under law.
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29

Carnegie, A. R. "Police powers—sampling the commonwealth." Commonwealth Law Bulletin 18, no. 3 (July 1992): 1143–50. http://dx.doi.org/10.1080/03050718.1992.9986213.

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30

Chinkin, Christine. "The commonwealth and women's rights." Commonwealth Law Bulletin 25, no. 1 (March 1999): 96–109. http://dx.doi.org/10.1080/03050718.1999.9986528.

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31

Beck, Luke. "The Case against Improper Purpose as the Touchstone for Invalidity under Section 116 of the Australian Constitution." Federal Law Review 44, no. 3 (September 2016): 505–29. http://dx.doi.org/10.1177/0067205x1604400307.

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Section 116 of the Australian Constitution limits the ability of the Commonwealth to legislate in respect of religion. It provides: ‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’ The limited case law on s 116 holds that the word ‘for’ means ‘for the purpose of’ such that improper legislative purpose is the test for invalidity rather than a consideration of whether an impugned law has the effect of doing one of the things prohibited by s 116. This article argues that the ‘for the purpose of’ interpretation is misconceived and therefore that the improper purpose test is wrong.
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32

Khanova, Irina E. "COOPERATION OF CIS MEMBER STATES ON SECURITY ISSUES." RSUH/RGGU Bulletin. Series Eurasian Studies. History. Political Science. International Relations, no. 4 (2021): 102–11. http://dx.doi.org/10.28995/2686-7648-2021-4-102-111.

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Throughout the period of the existence of the Commonwealth of Independent States, mechanisms were formed to determine the topical direc- tions of joint lawmaking, to jointly develop and implement legal norms, to work on the approximation of national legislations, etc. Already at an early stage of the functioning of the Commonwealth of Independent States, the cooperation of national prosecutor’s offices acquired special significance, as evidenced by the establishment of the Coordination Council of Prosecutor- Generals of Commonwealth Member States in 1995. The present article studies the basic aspects of the interaction between prosecutor’s offices in the Commonwealth of Independent States in the protection of the human and civil rights and free- doms. The article also looks at the dynamics of offending in Commonwealth countries and analyses the factors influencing it; it gives examples of reforms to criminal law and criminal procedure in some Commonwealth countries aimed at making the justice system more effective and protecting the rights and freedoms of citizens. The author pays particular attention to the work of the Russian prosecution services, stressing that the experience of lawmaking and the law enforcement practices of the Russian Federation may be of use in the practical work of the general prosecutor’s offices of the post-Soviet countries that are members of the Commonwealth of Independent States.
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33

Larkin, Dani, Harry Hobbs, Dylan Lino, and Amy Maguire. "Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States." University of Queensland Law Journal 41, no. 1 (March 3, 2022): 35–58. http://dx.doi.org/10.38127/uqlj.v41i1.6353.

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Aboriginal and Torres Strait Islander peoples have long called for structural reform to Australia’s institutional framework to protect and promote their rights. In recent years, however, state and territory governments have proven more receptive to Aboriginal and Torres Strait Islander peoples’ advocacy than the Commonwealth. In this article, we identify and map the return of the states and territories — and the retreat of the Commonwealth — in Indigenous law reform. While substantial progress has been made, significant risks are involved in the pursuit of subnational reform. It remains imperative that the Commonwealth government meaningfully engage with the aspirations of Aboriginal and Torres Strait Islander peoples as recorded in the Uluru Statement from the Heart.
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34

Duxbury, Alison. "Rejuvenating the Commonwealth—The Human Rights Remedy." International and Comparative Law Quarterly 46, no. 2 (April 1997): 344–77. http://dx.doi.org/10.1017/s0020589300060462.

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Lord Casey's sad testament to an organisation which was perceived as “on the way to becoming not much more than a paper connection” is hardly encouraging to someone intent on studying the institution. It would appear that the Commonwealth of Nations as a contemporary discussion point is even less fashionable today than it was 30 years ago. It has recently been written that in our generation those few individuals with an opinion about the Commonwealth view it as an “anachronistic organization whose retirement to the pages of history is long overdue”. The situation of an Australian attempting to write about the Commonwealth is confused by the need to distinguish it from the “Commonwealth of Australia” by such adjectives as the “British” Commonwealth or the “Commonwealth of Nations”.
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35

Cole, D. A. "ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS." APPEA Journal 35, no. 1 (1995): 813. http://dx.doi.org/10.1071/aj94058.

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Increasing petroleum activity in Australia's off­shore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Ter­ritory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sen­sitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. De­spite the recent Intergovernmental Agreement on the Environment, substantial ultimate power re­sides with the Commonwealth to protect the envi­ronment, particularly through the use of the exter­nal affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.
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36

Bridge, John W. "Judicial Review in Mauritius and the Continuing Influence of English Law." International and Comparative Law Quarterly 46, no. 4 (October 1997): 787–811. http://dx.doi.org/10.1017/s0020589300061212.

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The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history, as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms, Mauritian private law is based on the French Code Civil while public law and commercial law are based on English law: an example of what has recently been labelled a “bi-systemic legal system”. The Constitution, a version of the Westminster export model, was originally monarchical. It was amended in 1991 and Mauritius became a republic within the Commonwealth in 1992.
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37

Mortensen, Reid. "Brexit and private international law in the Commonwealth." Journal of Private International Law 17, no. 1 (January 2, 2021): 18–52. http://dx.doi.org/10.1080/17441048.2021.1894717.

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38

Beliakova, Katsiaryna. "Migration Law of the Commonwealth of Independent States." Wroclaw Review of Law, Administration & Economics 10, no. 1 (December 1, 2020): 72–92. http://dx.doi.org/10.2478/wrlae-2020-0006.

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Abstract The article presents multilateral agreements and acts of model legislation constituting the basis of developing migration law in the Commonwealth of Independent States (CIS). The author provides brief characteristics to the acts regulating cooperation in governing migration processes and the status of various types of migrants (both voluntary and forced), as well as model legislation designed to help unify and harmonize the legislation of the CIS member States in the relevant field. The results of the research show that the development of migration law in the CIS continues along the path of convergence with generally accepted norms and standards of international law, clarification of terminology, as well as systematization of model norms. At the same time, the implementation of the adopted norms remains problematic due to the lack of appropriate control mechanisms, as well as sanctions for non-compliance with these norms. In addition, the CIS maintains a special approach to countering illegal migration, which shows the priority of state security issues over the protection of human rights and this is also reflected in the terminology used. The results of research may be used in comparative legal studies of migration law norms in regional legal systems.
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39

Stepan, Jan, Rebecca Cook, and Bernard Dickens. "Issues in Reproductive Health Law in the Commonwealth." American Journal of Comparative Law 36, no. 3 (1988): 589. http://dx.doi.org/10.2307/840353.

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40

Sayers, Michael. "Law reform across the commonwealth: A new voice." Commonwealth Law Bulletin 31, no. 1 (January 2005): 91–93. http://dx.doi.org/10.1080/03050718.2005.9986669.

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41

Zammit Borda, Aldo. "Law Reports of the Commonwealth: Editorial Review 2009." Commonwealth Law Bulletin 36, no. 4 (December 2010): 727. http://dx.doi.org/10.1080/03050718.2010.524354.

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42

Lanigan, Jane. "Law Reports of the Commonwealth: Editorial Review 2010." Commonwealth Law Bulletin 38, no. 1 (March 2012): 129. http://dx.doi.org/10.1080/03050718.2012.668779.

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43

Olivier, Marie-Pierre. "Law Reports of the Commonwealth: Editorial Review 2012." Commonwealth Law Bulletin 40, no. 1 (January 2, 2014): 157–201. http://dx.doi.org/10.1080/03050718.2013.875711.

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44

Olivier, Marie-Pierre. "Law Reports of the Commonwealth: Editorial Review 2013." Commonwealth Law Bulletin 41, no. 1 (January 2, 2015): 109–51. http://dx.doi.org/10.1080/03050718.2015.1019692.

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45

Perera, Amrith Rohan. "Strengthening Humanitarian Law: what role for Commonwealth countries." Commonwealth Law Bulletin 41, no. 2 (April 3, 2015): 163–67. http://dx.doi.org/10.1080/03050718.2015.1067630.

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46

Arzandeh, Ardavan. "Book Review: Private International Law in Commonwealth Africa." Common Law World Review 43, no. 1 (March 2014): 85–87. http://dx.doi.org/10.1350/clwr.2014.43.1.0264.

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47

International Committee of the Red. "Promotion of International Humanitarian Law within the Commonwealth." Commonwealth Law Bulletin 34, no. 3 (September 2008): 663–69. http://dx.doi.org/10.1080/03050710802268505.

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48

Blazeby, Leonard. "Implementation of International Humanitarian Law within the Commonwealth." Commonwealth Law Bulletin 34, no. 4 (December 2008): 797–806. http://dx.doi.org/10.1080/03050710802521556.

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49

Cook, Rebecca J., and Bernard M. Dickens. "Issues in Reproductive Health Law in the Commonwealth." Studies in Family Planning 18, no. 2 (March 1987): 116. http://dx.doi.org/10.2307/1966707.

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50

Haspels, A. A. "Issues in reproductive health law in the commonwealth." European Journal of Obstetrics & Gynecology and Reproductive Biology 28, no. 4 (August 1988): 355. http://dx.doi.org/10.1016/0028-2243(88)90024-x.

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