The Botswana Legal System
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The Botswana Legal System
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Author : Charles Manga Fombad
language : en
Publisher: Butterworth-Heinemann
Release Date : 2006
The Botswana Legal System written by Charles Manga Fombad and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Justice, Administration of categories.
Introduction To The Botswana Legal System
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Author : E. K. Quansah
language : en
Publisher:
Release Date : 2001
Introduction To The Botswana Legal System written by E. K. Quansah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Justice, Administration of categories.
A Family Home Five Sisters And The Rule Of Ultimogeniture
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Author : Christa Rautenbach
language : en
Publisher:
Release Date : 2016
A Family Home Five Sisters And The Rule Of Ultimogeniture written by Christa Rautenbach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Given the striking commonalities between the legal systems of South Africa and Botswana, both in terms of its common and customary law, and considering the propensity of the Botswana courts to engage with South African case law, a recent case of Botswana is of particular interest. In September 2013 in the Ramantele case, the Botswana Court of Appeal ruled on a customary law dispute that had been drawn out for more than seven years. The litigation history reads like a jurisprudential chronicle and demonstrates how traditional justice operates on various levels in a pluralistic justice system, and is a perfect example of legal pluralism in action. The case is interesting for a variety of reasons. First, it considers important principles regarding the meaning, status and ascertainment of customary law. Second, it discusses the influence of the Constitution on customary law and, third, it deals with the very important question as to the application of the Botswana Constitution on customary law. Lastly, it reflects on the role of the judiciary in solving customary disputes which, according to Lesetedi JA, is limited to the interpretation of 'the law to be applied in the dispute' and not to 'traverse issues that do not directly arise ... however important they may be'. In light of the fact that the Botswana legal system follows the principle of stare decisis and the fact that courts engage with the judgments of other jurisdictions, this case has the potential to influence the outcome of future cases of a similar nature. Against this background, this contribution investigates the contrasting approaches to constitutional adjudication in the context of customary law in the Botswana High Court and Court of Appeal, especially with reference to the approach followed by the South African Constitutional Court in the BHE case.
Constitutional Law In Botswana
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Author : Daniel David Ntanda Nsereko
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-09-25
Constitutional Law In Botswana written by Daniel David Ntanda Nsereko and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-25 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Botswana provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Botswana will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Women S Movements Plural Legal Systems And The Botswana Constitution
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Author : Tazeen Hasan
language : en
Publisher:
Release Date : 2017
Women S Movements Plural Legal Systems And The Botswana Constitution written by Tazeen Hasan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.
The Legal System Of Lesotho
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Author : Vernon V. Palmer
language : en
Publisher: MICHIE
Release Date : 1972
The Legal System Of Lesotho written by Vernon V. Palmer and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Law categories.
The Hong Kong Legal System
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Author : Stefan H. C. Lo
language : en
Publisher: Cambridge University Press
Release Date : 2019-12-19
The Hong Kong Legal System written by Stefan H. C. Lo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-19 with Law categories.
Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.
Women S Movements Plural Legal Systems And The Botswana Constitution
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Author : Tazeen Hasan
language : en
Publisher:
Release Date : 2013
Women S Movements Plural Legal Systems And The Botswana Constitution written by Tazeen Hasan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.
Mixed Jurisdictions Worldwide
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Author : Vernon Valentine Palmer
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
Grass Roots Justice In Ethiopia
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Author : Getachew Assefa (dir.). Alula Pankhurst
language : en
Publisher: Centre français des études éthiopiennes
Release Date : 2016-07-28
Grass Roots Justice In Ethiopia written by Getachew Assefa (dir.). Alula Pankhurst and has been published by Centre français des études éthiopiennes this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Social Science categories.
This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.
