Combating corruption and the role of the judiciary in Nigeria: beyond rhetoric and crassness

The role of the judiciary in combating corruption in Nigeria cannot be overemphasised. However, its ability to combat corruption is a function of the legal and political mechanisms in place. In Nigeria, these mechanisms and their effectiveness in the anti-corruption fight remain thorny issues. The judiciary faces myriad of challenges, ranging from perceived corrupt practices by judicial officers, interference by politicians, and the adjudicatory system in Nigeria. However, we are of the view that the judiciary can perform its role in the anti-corruption fight if its efforts are adequately complemented by legislation.     

The role of the judiciary in combating corruption: aiding and inhibiting factors in Nigeria

Based on empirical facts and research in socio-economic fields, it is consensually agreed among scholars that corruption is one of the greatest hindrances to the development of any country. As part of the efforts to combat the menace of corruption, laws and institutions have been put in place. Consequently, judges, by virtue of their position in society, have an important role to play to ensure the effectiveness of those laws and institutions. However, the Nigerian judiciary has failed to live up to its responsibility in its role of combating corruption in the country and is even itself accused of corruption. This article discusses the factors that are necessary to assist in building an effective, vibrant and corruption-free judiciary. Salient factors that hinder the judiciary in the performance of its role to combat corruption are highlighted. The article finally suggests the need to reform Nigeria’s judicial sector and to set in motion all the machinery necessary for the purpose of creating a formidable judiciary in the country.     

English marriages and Scottish divorces in the early nineteenth century

Law printing changed dramatically in the reign of Charles I. This article shows that the legally imposed monopoly on printing books of the common law (the law patent) was breached regularly and seemingly with impunity. Piracy, false attributions of authorship and concerns about quality all appear from the late-1620s onwards. The article explains these changes by stressing a number of factors: changes related to the holder of the patent and those printing under it; difficulties and tensions in the enforcement of the patent; and unauthorized printing creating a more competitive (and therefore challenging) market for law printers.     

Women and the judiciary in Syria: appointments process,training and career paths

This article describes the recruitment, training and career paths of women judges and public prosecutors in Syria over a period of 30 years (1975–2005). It analyses both quantitative and qualitative data drawn from official statistics and interviews conducted with 67 women judges and public prosecutors in Syria's largest cities, Damascus and Aleppo. The paper focuses on how training of the judiciary has changed since the founding of the new Institute of Judicial Studies and the effect this change has had on women's career paths. The entry of women to the judiciary in 1975 and the restructuring of the training system in 2002 are the two most important events in the recent history of the judiciary in Syria.     

Recruitment patterns,gender, and professional subcultures of the judiciary in Russia

This article explores sources of recruitment of judges and the influence of the social characteristics of judges on professional culture. Using the original survey and interview data from the Russian Federation, the authors identify and explain the changes in recruitment patterns that followed the judicial reform in the early 2000s. The authors look for profession-related differences between judges who had prior experience of work in the prosecutor's office and judges who were recruited from the court's non-judicial technical staff or from police investigation. Other key issues addressed are the bureaucratization and feminization of the judiciary. Using the survey designed to reveal professional values, norms and attitudes of judges, the authors highlight different professional subcultures constituted by certain combinations of social characteristics of judges.     

Regulating Dutch–Chinese marriages and relationships in the Netherlands (1920–1945)

ABSTRACT

This paper aims to contribute to The History of the Family by researching the historical relationship between family and state, and the roles that the concepts of 'race' and 'mixture' played. To this end, it analyzes the regulation of Chinese–Dutch marriages in the interwar period and Second World War in the Netherlands. It argues that the ways in which these interracial marriages were regulated were informed by colonial discourses on the Chinese as racialized others. This resulted in a systematic pattern of exclusion of Chinese migrants in the Netherlands, in which they were registered, fingerprinted, counted and deported. Part of these discourses focused on Chinese 'interracial' marriages with Dutch white women. This resulted in the 'regulation of mixture' in which state officials aimed to prevent such marriages, through migration law, document requirements and premarital counseling. During the war, these marriages were considered a 'racial shame' and relationships were broken up by arresting Chinese husbands before marriage. More research is needed to learn more about the extent of these practices and to know whether they were applied to racialized groups other than Chinese.     

Law reform: in the Commonwealth,in small states and in the Caribbean

This paper first outlines the constitutional methods of law reform in the Commonwealth as a whole, in small states like those of the Caribbean, and in the Caribbean itself. It considers possible ways in which small states, which tend to have especially limited human and financial resources, might still be able to make greater use of independent law reform. The possibilities include the establishment of more Law Reform Agencies (LRAs), and greater regional co‐operation in law reform or even a Regional Law Reform Agency (RLRA). In this regard, it raises several issues for consideration, in its concluding paragraphs.     

Codification in the Commonwealth: Earlier efforts

This is a revised version of a paper presented at the fourth conference of the Society for the Reform of Criminal Law, Washington, D.C., U.S.A., January 21–25, 1990.     

Democracy,Subsidiarity, and Citizenship in the ‘European Commonwealth’

Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of theEuropean Union; what kind of polity is the Union? The suggestionoffered is that there is a legally constituted order, and that asuitable term to apply to it is a‘commonwealth’, comprising a commonwealthof ‘post-sovereign’ states. Is it a democraticcommonwealth, and can it be? Is there sufficiently ademos or ‘people’ for democracy to be possible?If not democratic, what is it? Monarchy, oligarchy, ordemocracy, or a ‘mixed constitution’? Argued: thereis a mixed constitution containing a reasonableelement of democratic rule. The value of democracy isthen explored in terms of individualistic versusholistic evaluation and instrumental versus intrinsicvalue. Subsidiarity can be considered in a similarlight, suggestively in terms of forms of democracyappropriate to different levels of self-government.The conclusion is that there is no absolute democraticdeficit in the European commonwealth.