Changing Law in Developing Countries
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The 1960s, in retrospect, may be chiefly remembered for the unprecedented constitutional developments it witnessed in countries emerging from colonial rule. Originally published in 1963, an examination of these constitutional developments from the authoritative pens of the previous Legal Adviser to the Colonial and Commonwealth Relations Offices, and the Legal Adviser to the Colonial Office at the time was, therefore, particularly timely – for no two men in human history can have had to draft so many constitutional instruments.
One after another of these new constitutions had, moreover, included certain ‘Fundamental Rights’, so a discussion of this subject by a recognised academic authority, together with an examination by an ex-Chief Justice of Allahabad of the constitutional writs which have been so widely used in India to protect these rights, was particularly appropriate. An erudite examination of the origins of the famous phrase ‘Justice, Equity and Good Conscience’ by the Reader in Oriental Laws in the University of London, fittingly concludes the first half of this volume.
Legal developments in these emergent countries, had, however, by no means been limited to the sphere of constitutional law. So the series continues with contributions on the legal profession in African territories, by a former President of the Law Society, and on the problems posed by Islamic law in that continent, by the Professor of Oriental Laws. Criminal Law is represented by a consideration of ‘Liability under the Nigerian Criminal Code’ by an ex-Chief Justice of the Western Region; matters economic and sociological by papers on ‘Legal Development and Economic Growth in Africa’ and ‘Women’s Status and Law Reform’ by two experts in Africa law; and developments in Asia by an examination of recent legislation on family law in Pakistan, and of the sources of Chinese Law in Hong Kong, by other members of the staff of the School of Oriental and African Studies.
Table of Contents
Foreword. 1. The Authority of the United Kingdom in Dependent Territories Sir Kenneth Roberts-Wray 2. Survey of Constitutions Drafted at the Colonial Office since 1944 J. C. McPetrie 3. The Legal Machinery for the Transition from Dependence to Independence Sir Kenneth Roberts-Wray 4. The Independence of the Judiciary in Commonwealth Countries Sir Kenneth Roberts-Wray 5. Fundamental Rights Professor A. Gledhill 6. Constitutional Writs in India Sir Orby Mootham 7. Justice, Equity and Good Conscience Dr J. Duncan M. Derrett 8. The Legal Profession in African Territories Sir Sydney Littlewood 9. Islamic Law in Africa: Problems of Today and Tomorrow Professor J. N. D. Anderson 10. Liability under the Nigeria Criminal Code: A Historical and Comparative Study Dr R. Y. Hedges 11. Legal Development and Economic Growth in Africa Dr. A. N. Allott 12. Women’s Status and Law Reform J. S. Read 13. Islamic Family Law: Progress in Pakistan N. J. Coulson 14. Chinese Law in Hong Kong: The Choice of Sources H. McAleavy. Table of Statutes. Table of Cases. Index.
J. N. D. Anderson