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https://hdl.handle.net/2440/35385
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Type: | Journal article |
Title: | Legal pluralism and the rule of law in Timor Leste |
Author: | Grenfell, L. |
Citation: | Leiden Journal of International Law, 2006; 19(2):305-337 |
Publisher: | Kluwer Law International |
Issue Date: | 2006 |
ISSN: | 0922-1565 1478-9698 |
Statement of Responsibility: | Laura Grenfell |
Abstract: | Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere.As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operateswithout any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. Amore promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor’s Constitution. |
Keywords: | Constitution East Timor legal pluralism reconciling local and international norms rule of law |
Rights: | © Foundation of the Leiden Journal of International Law |
DOI: | 10.1017/S0922156506003323 |
Published version: | http://dx.doi.org/10.1017/s0922156506003323 |
Appears in Collections: | Aurora harvest 6 Law publications |
Files in This Item:
File | Description | Size | Format | |
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Grenfell_35385.pdf | Published version | 207.21 kB | Adobe PDF | View/Open |
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