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Satyajit Boolell SC 《Commonwealth Law Bulletin》2013,39(1):5-24
In this paper, the various challenges to the prosecutorial discretion of the Director of Public Prosecutions (DPP) are identified. It deals with two distinct areas of prosecutorial discretion: first, the scope of judicial review relating to prosecutorial decision in the light of the Privy Council judgment of Mohit v The Director of Public Prosecutions [2006] UKPC 20; and secondly, the impact and implications of the decision of the Purdy case which imposes an obligation on the DPP to issue a policy statement as regards conduct which will not be the subject matter of a prosecution even though there may be sufficient evidence to prosecute such conduct under the relevant legislation. 相似文献
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Valmaine Toki 《Commonwealth Law Bulletin》2013,39(1):32-33
Constitutions guarantee certain rights and freedoms. The formulation of these rights and freedoms are predicated on society. Prior to colonisation, Maori (the indigenous peoples of Aotearoa/New Zealand) had effective legal, social and political structures, premised on Tikanga Maori (Maori custom), which determined their ‘constitution’. Upon colonisation the existing ‘constitution’, determined by Tikanga Maori, was not recognised and, arguably, colonisation contributed to the break down of the Maori social fabric. Critics advocate that the disproportionate social statistics, indicating that Maori are over represented in the criminal justice system, are a manifestation of colonisation. The National-led government is engaging in a review of New Zealand’s constitutional arrangements. In light of New Zealand’s recent endorsement of the United Nations Declaration on the Rights of Indigenous Peoples, it is timely to consider whether the implementation of, and return to, Tikanga Maori is a constitutional right. 相似文献
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The Course of DevelopmentJanuary 1, 1958 entry into force of the "European Econ-omic Community (EEC) Treaty", more commonly known as the"Rome Treaty," the establishment of the first European Econ-omic Community established based on the principle of the Cu… 相似文献
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