Promoting the Rule of Law in Post-Conflict States.
Grenfell, Laura.
Promoting the Rule of Law in Post-Conflict States. - Cambridge : Cambridge University Press, 2013. - 1 online resource (344 pages)
1. The decade's definitive events for the rule of law in Timor-Leste.
Includes bibliographical references (pages 274-315) and index.
Acknowledgments; Part I; 1 Introduction; 2 A globalised view of the rule of law and legal pluralism; 1. Colonialism and the rise of international law; 2. Law and development during decolonisation and the Cold War era; 3. Law and development in the post-Cold War era; 3.1 Profit: the free market and development; 3.2 Principles: human rights and democracy; 4. Transitional justice; 5. The United Nations; 5.1 UN peace operations and transitional justice; 5.2 UN member states; 5.3 Structural aspects of the UN and the World Bank; 6. Conclusion. 3 The conceptual relationship between legal pluralism and the rule of law in post-conflict states1. Legal pluralism; 1.1 State law pluralism and deep legal pluralism; 1.2 The benefits and limitations of legal pluralism; 2. The rule of law; 2.1 Legal predictability and certainty; 2.2 Government bound by law; 2.3 Equality; 3. Points of intersection and contact; 4. Conclusion; Part II; 4 'One law for one nation': how the rule of law and legal pluralism figure in South Africa's constitutional dispensation; 1. Context; 2. The rule of law. 2.1 The interim Constitution and section 1(c) of the Final Constitution2.2 The rule of law during apartheid; 2.3 The vague role of the rule of law in South Africa's Final Constitution; 3. Legal pluralism; 3.1 The initial negotiations and the interim Constitution; 3.2 The Final Constitution; 3.3 Pragmatism; 4. Conclusion; 5 Can the rule of law and legal pluralism assist 'the most vulnerable groups' in South Africa?; 1. The rule of law, legal pluralism and access to justice; 2. The rule of law and customary courts; 2.1 Supervision, appeals and compliance of customary courts. 2.2 The independence and impartiality of customary courts and the principle of separation of powers2.3 Unequal justice and forum shopping; 3. The rule of law and customary law; 3.1 'True legal pluralism' and the rule of law; 3.2 Competing versions of customary law; 3.3 Bhe, Shilubana, and Gumede and state recognition of customary law; 3.3.1 Bhe; 3.3.2 Shilubana; 3.3.3 Gumede; 3.4 The trilogy of cases, customary law and 'the most vulnerable sections of society'; 4. Conclusion; Part III; 6 Founding a legal system in post-conflict Timor-Leste; 1. Local customary law and its sources of legitimacy. 2. The Portuguese state and the Indonesian state3. The UNTAET Administration; 3.1 The rule of law and the Alves case; 3.2 UNTAET and local customary law; 3.3 UNTAET and international law; 3.4 UNTAET's legacy; 4. The 'mother law' and its sources of legitimacy; 4.1 International norms and local norms; 4.2 Political dynamics of the resistance and the diaspora; 4.3 Tension between local norms and constitutional human rights; Article 123 Categories of courts; 4.4 Questioned legitimacy; 5. Conclusion; 7 Timor-Leste's first decade of independence.
Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
9781107059238 1107059232 9781139206945 (electronic bk.) 113920694X (electronic bk.) 9781107026193 (hardback) 1107026199 (hardback) 9781107055704 1107055709 9781316603444 (paperback) 131660344X
Rule of law.
Legal polycentricity.
Postwar reconstruction.
Law--Mobility.
Règle de droit.
Pluralisme juridique.
Reconstruction d'après-guerre.
LAW--Essays.
LAW--General Practice.
LAW--Jurisprudence.
LAW--Paralegals & Paralegalism.
LAW--Practical Guides.
LAW--Reference.
Legal polycentricity.
Postwar reconstruction.
Rule of law.
Nachkriegszeit
Wiederaufbau
Rechtsstaat
Pluralismus
Staat Südafrika.
Osttimor
Electronic books.
K3171 .G76 2013
340.11 340/.11
Promoting the Rule of Law in Post-Conflict States. - Cambridge : Cambridge University Press, 2013. - 1 online resource (344 pages)
1. The decade's definitive events for the rule of law in Timor-Leste.
Includes bibliographical references (pages 274-315) and index.
Acknowledgments; Part I; 1 Introduction; 2 A globalised view of the rule of law and legal pluralism; 1. Colonialism and the rise of international law; 2. Law and development during decolonisation and the Cold War era; 3. Law and development in the post-Cold War era; 3.1 Profit: the free market and development; 3.2 Principles: human rights and democracy; 4. Transitional justice; 5. The United Nations; 5.1 UN peace operations and transitional justice; 5.2 UN member states; 5.3 Structural aspects of the UN and the World Bank; 6. Conclusion. 3 The conceptual relationship between legal pluralism and the rule of law in post-conflict states1. Legal pluralism; 1.1 State law pluralism and deep legal pluralism; 1.2 The benefits and limitations of legal pluralism; 2. The rule of law; 2.1 Legal predictability and certainty; 2.2 Government bound by law; 2.3 Equality; 3. Points of intersection and contact; 4. Conclusion; Part II; 4 'One law for one nation': how the rule of law and legal pluralism figure in South Africa's constitutional dispensation; 1. Context; 2. The rule of law. 2.1 The interim Constitution and section 1(c) of the Final Constitution2.2 The rule of law during apartheid; 2.3 The vague role of the rule of law in South Africa's Final Constitution; 3. Legal pluralism; 3.1 The initial negotiations and the interim Constitution; 3.2 The Final Constitution; 3.3 Pragmatism; 4. Conclusion; 5 Can the rule of law and legal pluralism assist 'the most vulnerable groups' in South Africa?; 1. The rule of law, legal pluralism and access to justice; 2. The rule of law and customary courts; 2.1 Supervision, appeals and compliance of customary courts. 2.2 The independence and impartiality of customary courts and the principle of separation of powers2.3 Unequal justice and forum shopping; 3. The rule of law and customary law; 3.1 'True legal pluralism' and the rule of law; 3.2 Competing versions of customary law; 3.3 Bhe, Shilubana, and Gumede and state recognition of customary law; 3.3.1 Bhe; 3.3.2 Shilubana; 3.3.3 Gumede; 3.4 The trilogy of cases, customary law and 'the most vulnerable sections of society'; 4. Conclusion; Part III; 6 Founding a legal system in post-conflict Timor-Leste; 1. Local customary law and its sources of legitimacy. 2. The Portuguese state and the Indonesian state3. The UNTAET Administration; 3.1 The rule of law and the Alves case; 3.2 UNTAET and local customary law; 3.3 UNTAET and international law; 3.4 UNTAET's legacy; 4. The 'mother law' and its sources of legitimacy; 4.1 International norms and local norms; 4.2 Political dynamics of the resistance and the diaspora; 4.3 Tension between local norms and constitutional human rights; Article 123 Categories of courts; 4.4 Questioned legitimacy; 5. Conclusion; 7 Timor-Leste's first decade of independence.
Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
9781107059238 1107059232 9781139206945 (electronic bk.) 113920694X (electronic bk.) 9781107026193 (hardback) 1107026199 (hardback) 9781107055704 1107055709 9781316603444 (paperback) 131660344X
Rule of law.
Legal polycentricity.
Postwar reconstruction.
Law--Mobility.
Règle de droit.
Pluralisme juridique.
Reconstruction d'après-guerre.
LAW--Essays.
LAW--General Practice.
LAW--Jurisprudence.
LAW--Paralegals & Paralegalism.
LAW--Practical Guides.
LAW--Reference.
Legal polycentricity.
Postwar reconstruction.
Rule of law.
Nachkriegszeit
Wiederaufbau
Rechtsstaat
Pluralismus
Staat Südafrika.
Osttimor
Electronic books.
K3171 .G76 2013
340.11 340/.11