XVIII The History Of Poynings’ Law, 1615–41

1972 ◽  
Vol 18 (70) ◽  
pp. 207-222 ◽  
Author(s):  
Aidan Clarke
Keyword(s):  
Early Operation ◽  
History Of ◽  
The Law ◽  
The Government ◽  
The Way ◽  
Dividing Line

Thirty years ago, in a magisterial study of the early operation of Poynings’ Law, Professor R. Dudley Edwards and Professor T.W. Moody noted that ‘the primary dividing-line in the history of the law falls between the parliaments of 1613–15 and 1634–5’. Previously, they showed, it had curtailed the Irish executive and enjoyed the approval of the Irish parliament; only subsequently, they argued, was it used as a means of enabling the government to control parliament. The purpose of the present study is to develop that argument by examining both the way in which Lord Deputy Wentworth took advantage of altered circumstances to reierse the statute’s function in 1634–5 and the way in which members of the Irish parliament unsuccessfully campaigned to restore the traditional interpretation of its provisions in 1640–41.

Masai and Kikuyu Responses to the Establishment of British Administration in the East Africa Protectorate

1970 ◽  
Vol 11 (1) ◽  
pp. 127-143 ◽  
Author(s):  
G. H. Mungeam
Keyword(s):  
East Africa ◽  
Active Participation ◽  
Political Protest ◽  
Protest Movements ◽  
History Of ◽  
The Law ◽  
Law Courts ◽  
The Government ◽  
The Way

This paper attempts to study the contrasting responses of two Kenya tribes, the Masai and the Kikuyu, to the establishment of British administration. It suggests that neither reacted in the way expected of them by early British officials, who anticipated that the Masai would forcefully oppose the British entry, while little or no resistance was expected from the Kikuyu.Instead, the Masai actively co-operated with the British, through the support of a laibon, Lenana, and the provision of levies who accompanied British punitive expeditions. Although twice removed from their lands, the Masai still did not fight, but appealed to the law courts. When this failed, they showed little or no interest in further opposition. Although apparently having some cause to resent treatment received at the hands of the British, they showed virtually no interest in the protest movements of the twenties.By contrast the Kikuyu, far from standing aside as had been expected, opposed the British entry in a series of short engagements, in which they suffered considerable casualties. Soon, however, collaborators began to emerge and ‘chiefs’ such as Kinyanjui—created by the British and beholden to them–benefited considerably from the connexion. Despite this co-operation, the earlier resentments continued and were reinforced by losses of land to European settlers, and by the unsettling effects upon tribal life of the proximity of Nairobi and the teaching of the missions. When, after the acute sufferings of the war years, further demands were made by the government, the Kikuyu responded by active participation in organized political protest.Possible reasons are put forward for these contrasting responses, and the suggestion is made that differing attitudes to the protest movements of the twenties can be more fully appreciated when the history of these earlier years is taken into account.

scholarly journals A Choice among Values: Theoretical and Historical Perspectives on the Defence of Necessity

1969 ◽  
pp. 848 ◽  
Author(s):  
Benjamin L. Berger
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Historical Perspectives ◽  
Theoretical Approaches ◽  
A Value ◽  
Canadian Law ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
The Way

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a robust defence of necessity, which would acknowledge that, in some circumstances, pursuit of a value of greater worth than the value of adherence to the law can be justified.

Migration, Citizenship and Belonging in Hyderabad (Deccan), 1946–1956

2010 ◽  
Vol 45 (1) ◽  
pp. 81-107 ◽  
Author(s):  
TAYLOR C. SHERMAN
Keyword(s):  
Religious Affiliation ◽  
Indian Diaspora ◽  
History Of ◽  
Princely State ◽  
The Subject ◽  
The Government ◽  
Foreign Birth ◽  
Scholarly Attention ◽  
The Way

AbstractWhilst the history of the Indian diaspora after independence has been the subject of much scholarly attention, very little is known about non-Indian migrants in India. This paper traces the fate of Arabs, Afghans and other Muslim migrants after the forcible integration of the princely state of Hyderabad into the Indian Union in 1948. Because these non-Indian Muslims were doubly marked as outsiders by virtue of their foreign birth and their religious affiliation, the government of India wished to deport these men and their families. But the attempt to repatriate these people floundered on both political and legal shoals. In the process, many were left legally stateless. Nonetheless, migrants were able to creatively change the way they self-identified both to circumvent immigration controls and to secure greater privileges within India.

Accelerated Change

2017 ◽  
pp. 193-220
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal
Keyword(s):  
Social Media ◽  
Punctuated Equilibrium ◽  
Safety Measures ◽  
Trigger Event ◽  
Local Student ◽  
The Law ◽  
The Government ◽  
The Way

This chapter captures the almost feverish events leading up to the Criminal Laws (amendment) Act 2013. It starts with the tragic rape of 16 December 2012, and describes the way a local student-led protest rapidly snowballed into a headline-grabbing movement. It attempts to piece together how the word and the passion spread like wildfire throughout the capital, largely through social media. Within days the government announced several women’s safety measures in the capital and constituted a 3-member committee to look into changing the law. The chapter then summarizes the anti-rape movement in India over the years to provide the background for the tumultuous public outburst, as well as the evolution of the law before resuming the narrative on the working of the Verma committee and the speedy sailing of the legislation through parliament. The movement fits primarily the punctuated equilibrium driven by a ‘trigger’ event.

The Policing of Anti-government Protests: Thailand’s 2013–2014 Demonstrations and a Crisis of Police Legitimacy

2017 ◽  
Vol 4 (1) ◽  
pp. 95-122 ◽  
Author(s):  
Janjira Sombatpoonsiri
Keyword(s):  
Public Trust ◽  
Police Legitimacy ◽  
Institutional Legitimacy ◽  
Political Conflicts ◽  
Protest Policing ◽  
Police Responses ◽  
History Of ◽  
The Government ◽  
The Way

Street interactions between the police and protesters can serve as a barometer of state–society conflict. This article seeks to examine the way in which the police respond to anti-government protests, and how these responses influence the politics of legitimacy at stake. Through the examination of protest policing in Thailand’s decade-long political conflicts, which reached the zenith in 2013–2014, I will show that police responses to these protests were a mixture of three approaches: accommodative, restrictive and hands-off. At least four factors influenced the interplay of these methods: (i) the police’s tactical improvement, which however faces structural challenges; (ii) a history of police politicization; (iii) extreme characteristics of the protests; and (iv) the nature of conflict over governmental legitimacy contributing to public mistrust in the police. The Thai case illustrates that handling anti-government protests necessitates political sensitivity and creativity. Otherwise, the government and especially the police can run the risk of further damaging public trust and institutional legitimacy.

making a peoples defense and safety System

2020 ◽  
Vol 7 (10) ◽  
pp. 350-363
Author(s):  
Novi Herianto ◽  
M. Nakir
Keyword(s):  
Security System ◽  
National Defense ◽  
Security Sector ◽  
The People ◽  
History Of ◽  
The Law ◽  
The Government ◽  
National Police ◽  
Supporting Force ◽  
The Universe

Article 30 of the 1945 Constitution is the basis for the formulation and drafting of Law No.3 / 2002 on national defense. In article 30, it is stipulated that national defense and security efforts are carried out through the system of defense and security of the total people by the Indonesian National Army and the Indonesian National Police, as the main force, and the people, as the supporting force. This system of defense and security for the people of the universe is then manifested in Law No.20 / 1982 concerning the main provisions of national defense. However, when the TAP MPR Number VI and Number VII was issued regarding the Separation of the Police from ABRI. The government is drafting a new Defense Law that is aligned to separate Defense and security that is adaptive to these changes. The defense is compiled and formulated and then translated into Law no. 3/2002, however, the Law on Security was not immediately realized, instead Law No.2 / 2002 concerning the Indonesian National Police. Until now, the Law on Security does not exist and has not been materialized. As a result, there is a gap between legislation in the defense sector and legislation in the security sector. Some of the mandates of Law No.3 / 2002 can then be translated into Laws, Government Regulations, Presidential decrees instead other legislation products to support national defense.  The lack of this security aspect of course affects the defense and security system which was previously manifested as a comprehensive unit which is of course adjusted to the history of the nation itself. In addition to defense duties which are military in nature, there are tasks in the field of military Nir which all fall into the category of security aspects. As long as there are no regulations governing Security, the Defense and Security System mandated in the 1945 constitution will never materialize.    

The attempted impeachment of Sir William Scroggs, Lord Chief Justice of the court of King's Bench, November 1680–March 1681

1995 ◽  
Vol 38 (4) ◽  
pp. 843-873 ◽  
Author(s):  
Lois G. Schwoerer
Keyword(s):  
Print Culture ◽  
Whig Party ◽  
Legislative Authority ◽  
Chief Justice ◽  
Chief Minister ◽  
The Press ◽  
History Of ◽  
The Law ◽  
The Government ◽  
History Of The Press

ABSTRACTGenerally dismissed by historians as just an hysterical gesture by parliamentary whig leaders disappointed and angered over the failure of the second Exclusion Bill, the attempted impeachment in 1680–1 of Sir William Scroggs was in fact a complicated and important affair. Although a failure in legal terms (because King Charles dissolved two parliaments), it succeeded in political terms when the king dismissed Scroggs. A propaganda ploy to embarrass the duke of York and also the king of England, re-unite the whig party, and re-ignite anti-popery fervour to promote another try at Exclusion (contrary to recent revisionism), the proceedings provoked discussion of many central issues, but most importantly of the legislative authority of parliament, or control of the law; the affair provoked a ‘crisis of authority’. Print culture played an unprecedented role: four of the eight articles of impeachment against Scroggs were connected with the press. Press people, in effect, brought down a chief minister of the crown and severely embarrassed the government, an event of signal importance in the history of the press.

scholarly journals Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

China Pakistan Economic Corridor (CPEC) as Opportunity Bearer with Innumerable Hardship: An Overview

2020 ◽  
Vol 2 (1) ◽  
pp. 129-141
Author(s):  
Inayatullah Bhatti ◽  
Imdad Hussain Sahito
Keyword(s):  
Logical Reasoning ◽  
Special Economic Zones ◽  
The World ◽  
History Of ◽  
The Government ◽  
Economic Zones ◽  
The Way

The China-Pakistan Economic Corridor (CPEC) is one of the huge and promising projects in the history of the world in general and of Pakistan in particular. The significance of this work on CPEC can be gauged that it has discussed few aspects i.e. engagement of Baloch people, special economic zones etc., which are rarely touched by the academia and professionals. This work reviews on different aspects of the project opined by well-known researchers and experts of the field. Through an analytic and logical reasoning this work has elaborated about the opportunities and challenges nagging to this huge project. This paper has found that there are innumerable challenges which government faces to execute and operationalize of this project. But the government is strongly determined to remove these challenges and it has taken some pragmatic initiatives for the eradication of challenges in the way of this very project and ease to develop different projects under the umbrella of CPEC.

Historic Conjunction of Juvenile Law and Child Psychology

2021 ◽  
Vol 3 (1) ◽  
pp. 44-47
Author(s):  
Dr. Abida Hassan ◽  
Muhammad Arif Saeed
Keyword(s):  
Juvenile Justice ◽  
Child Psychology ◽  
Modern Society ◽  
Ulterior Motive ◽  
History Of ◽  
The Law ◽  
The Way

In any developed nation, the way law is implemented is a seen as a reflection of what the statute or article was intended for, since modern society is a complex blend of different societal layers, it is necessary to make distinctions based on certain criteria in order to satisfy the ulterior motive of law: to maintain peace and harmony in society. One such distinction is that between the law applicable to adults and that applicable to minors, or in legal terms, juveniles. Pakistan also shared its history of juvenile justice with India, up until its independence in 1947. Even then it took Pakistan fifty-three years to formulate a uniform piece of legislation for juveniles, and then another eighteen to update and revise it considerably. By virtue of the procedure of independence, Pakistan inherited a lot of laws that had been introduced by the British in the subcontinent during their rule. Several of these laws were oriented towards juveniles and the need for their separation from adult, either wholly or partially and some of them survive to this day as well.

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