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Customary rules and the welfare principle: Post independence custody cases in Solomon Islands and Vanuatu

Brown, Kenneth (1997). Customary rules and the welfare principle: Post independence custody cases in Solomon Islands and Vanuatu. Journal of Pacific Studies,21:83-101.

Document type: Journal Article
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Title Customary rules and the welfare principle: Post independence custody cases in Solomon Islands and Vanuatu
Author Brown, Kenneth
Journal Name Journal of Pacific Studies
Publication Date 1997
Volume Number 21
Start Page 83
End Page 101
Place of Publication Suva, Fiji
Publisher School of Social and Economic Devop, Uni of SP
HERDC Category C1 - Journal Article (DEST)
Abstract SINCE THE ADVENT of independence in Solomon Islands on 7 July 1978 and Vanuatu on 30 July 1980, customary law has been given official recognition as part of the law of the land by virtue of provisions contained in the respective Constitutions of the two countries. Post-independence there has been a somewhat sporadic series of cases where the courts have had to grapple with the two related problems of determining (1) what is the proper place of customary law in the ‘league table’ of sources of law and (2) how to resolve, as far as possible, conflicts between customary law and the law from outside sources, commonly and in this article referred to as ‘received law’.
 
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Created: Fri, 12 Sep 2008, 08:35:25 CST by Administrator