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Showing posts from June, 2021

Free Movement of Persons under EU Law: Merits and Demerits.

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One of the reasons behind the founding of the European Union 1 was to reduce the prospects of recurrent military action, the past examples of which worked to crumple once powerful states; it was envisaged that greater economic reliance amongst the relations the States would make their leaders think twice before deploying their armies. 2 It could be argued that the threat of war between European States is no longer nearly as prevalent as it was; however, the economic element clearly subsists. European law now caters for four freedoms of movement: persons, 3 capital, 4 services, 5 and goods; 6 which make up the foundations of the internal market. The aim of this essay is to focus on the first of those mentioned, the freedom of movement of persons, to compare the historical and current rationale behind such a freedom and evaluate the tension such freedom can cause against the Member States’ 7 who will, particularly in light of the current economic climate and pressures facing public insti

The influence of European models of law in African and Asian legal systems.

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The legal systems of many African and Asian countries have been shaped by the history of colonialism and European powers. Colonial law was a method of imposing a particular set of patterns and norms on acquired territory or subordinate peoples. These laws were often used by colonizers to deal with land disputes visa via the colonized peoples. After decolonization, and rise of modern nations states on these continents the vestiges of formal colonial structures largely remained intact. The difference in Europeans legal systems can be viewed on their impact on colonized countries. The British Empire introduced the common law and judge based system of legal jurisprudence. While the French, Dutch and Portuguese Empires introduced a Civil Code of laws which applied comprehensive governance to every area of the citizen’s life.  The Nigerian, Ghanaian, Singaporean and Indian Legal systems are all based on the British Common Law system. The common law system relies on the presumption of innocen

A discussion and comparison of the influence of customs and customary law in African and Asian legal systems.

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Customary law in Africa and Asia prior to colonialism was considered as law or processes used to resolve conflicts either by informal or formal means. These customs governed a group of indigenous people and could change depending on the location in the country. After colonialism, these customary or local methods were incorporated into the formal framework of governing laws implemented by colonial regime. The continuity of customary law into the modern nation was mandated as not to destroy cultures. The British colonial regime infused a doctrine of indirect rule, so as to keep intact local hierarchies, laws, and customs. Customary law has remained a strong influence in the developing world, especially in countries where the apparatus of the nation state does not extend to every quarter of the country.  In the case Ghana and Nigeria, customary law as relates to traditional marriage practices are still construed as legitimate and part and parcel of the laws of the land. Specifically, marr