Law Of Vanuatu
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Law Of Vanuatu
Law in the Republic of Vanuatu consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. The Parliament of Vanuatu is the primary law-making body today, but pre-independence French and British statutes, English common law principles and indigenous custom all enjoy constitutional and judicial recognition to some extent. Historical origins Vanuatu did not exist as a politically, judicially or even conceptually unified entity prior to its being named the "New Hebrides" by James Cook in 1774, and subsequently its joint colonisation by France and the United Kingdom in 1906. The French and British established a Condominium, whereby separate but coexisting French and British colonial authorities would administer their own settlers, as well as settlers of other nationalities who placed themselves under the jurisdiction of either administration. Joint regulations were also issued, some of which affecting the indigenous inhabitant ...
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Vanuatu
Vanuatu ( or ; ), officially the Republic of Vanuatu (french: link=no, République de Vanuatu; bi, Ripablik blong Vanuatu), is an island country located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of northern Australia, northeast of New Caledonia, east of New Guinea, southeast of the Solomon Islands, and west of Fiji. Vanuatu was first inhabited by Melanesian people. The first Europeans to visit the islands were a Spanish expedition led by Portuguese navigator Fernandes de Queirós, who arrived on the largest island, Espíritu Santo, in 1606. Queirós claimed the archipelago for Spain, as part of the colonial Spanish East Indies, and named it . In the 1880s, France and the United Kingdom claimed parts of the archipelago, and in 1906, they agreed on a framework for jointly managing the archipelago as the New Hebrides through an Anglo-French condominium. An independence movement arose in the 1970s, and the Republic of Vanuatu was fou ...
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Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ...
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Banga V Waiwo
Banga may refer to: Arts and entertainment * ''Banga'' (album), a 2012 album by Patti Smith * A song by Ali Shaheed Muhammad from the 2004 album '' Shaheedullah and Stereotypes'' * The name of Pontius Pilate's dog in Mikhail Bulgakov's novel ''The Master and Margarita'' * BANGA, a collective of Angolan architects Food * Banga (soup), a type of meat, fish and palm fruit soup from Southern Nigeria * ''Agastache rugosa'', a culinary herb known as banga in Korea Places * Banga, Aklan, a municipality in the Philippines * Banga, Angola, municipality in Angola * Banga, Burkina Faso, a town in Burkina Faso * Banga, Entebbe, Uganda * Banga, India, a town and nagar panchayat in India ** Banga Assembly Constituency * Banga, Pakistan, a town in Punjab, Pakistan * Banga, South Cotabato, a municipality in the Philippines * Vanga Kingdom (also known as the Banga Kingdom), an ancient name for the region of Bengal in India and Bangladesh People * Banga Sainis, a sub clan of Saini people * ...
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Court Of Appeal Of Vanuatu
The politics of Vanuatu take place within the framework of a constitutional democracy. The constitution provides for a representative parliamentary system. The head of the Republic is an elected President. The Prime Minister of Vanuatu is the head of government. Executive power is exercised by the government. Legislative power is vested in both the government and parliament. The Judiciary is independent of the executive and the legislature. These institutions, which date from the country's independence in 1980, exist alongside traditional systems of leadership and justice upheld by community chiefs. Vanuatu is a democracy, whose political culture is different from that in most Western democracies, with strong elements of clientelism, corruption, and political debate that focuses strongly on the distribution of resources among communities. Governments typically comprise coalitions of numerous small parties which change regularly, with parties and MPs "crossing the floor" and ...
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Supreme Court Of Vanuatu
Supreme Court of Vanuatu is the superior court of Vanuatu and is based in Port Vila. The Court consists of the Chief Justice and three puisne judges. Appeals from the Supreme Court are heard by the Court of Appeal of Vanuatu, which is the supreme appellate court in the country. The Court of Appeal is constituted from time to time as the need arises. With the exception of the Chief Justice, all members of the judiciary are appointed by the President of Vanuatu, who acts on the advice of the Judicial Service Commission, pursuant to Article 47(2) of the Constitution of Vanuatu). The Chief Justice is appointed by the President after consultation with the Prime Minister and the Leader of the Opposition, pursuant to Article 49(3) of the Constitution. The present Chief Justice of the Court is Vincent Lunabek. Chief Justices Chief Justices of the Court have included: * Frederick Cooke (1980–90) * Edwin Goldsborough (acting) (1991) * Charles Vaudin d'Imecourt (1992–98) * V ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The firs ...
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Civil Law (area)
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolu ...
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Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law. It may be codified in statutes or exist through precedent in common law. Henry Sumner Maine Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract. ... said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only s ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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