Documents found
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10271.More information
Before colonialism, customs in Cameroon, as in all black African countries, constituted the only source of law. But with the arrival of the colonialists, an attempt was made to abolish these customary laws by replacing them with imported law. After independence, the colonialist passed on the relay to the legislator. Unfortunately, the imposed foreign law lacked authenticity as the local population showed indifference and demonstrated hostility against it, such that there exists today a discrepancy between applicable written law and applied customary laws in certain matters of personal nature. Customs as a source of law is a reality in Cameroon. Hense, instead of destroying customary laws, it would be judicious and a welcomed measure to promote a kind of complementarity which would result in a symbiosis of the two. Customs, notwithstanding its limitations, remain a concept to be discovered.
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10272.More information
This article takes a critical look at the incongruities and inconsistencies of the defence of duress in Canadian criminal law. The authors raise the difficulties related to the current state of fragmentation of that defence as well as its detrimental impact on the equal treatment of persons accused of some crimes. The conclusion that emerges is that the defence of duress should be standardised on the entire Canadian territory and harmonised with the international law in order to enable all those who break the law due to lack of realistic choice to involute that defence. Finally, in light of the current state of the law on the defence of duress following the judgement recently rendered by the Supreme Court of Canada in R v Ryan, the authors suggest an inclusive provision that should replace the current section 17 of the Criminal Code.
Keywords: Contrainte morale, défense statutaire, défense de common law, droit comparé, droit international, harmonisation, Duress, statutory defence, common law defence, comparative law, international law, harmonisation
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10273.More information
The Roma are the sole people in Europe (still) having a living customary law system. In this article, we intend to explore and to analyse the hypostases of the interaction between the customary law of the Roma in Romania and the Romanian law system. To do so, we will first briefly present the theoretical framework guiding our analytical demarche, namely normative pluralism. Then, we will present the main differences between the two legal orders in relation with the two modes of social and political organization. Finally, we will sketch and explore the three hypostases of the interaction between the Roma customary law and the Romanian state law — the official non-coplanarity, the marginal intersection and the exceptional subordination.
Keywords: Droit coutumier, droit étatique, communautés roms, Roumanie, hypostases de l'interaction, Customary law, state law, Roman communities, Romania, hypostases of interaction
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10274.More information
Executive legislation is a form of law made by government bodies or officials to whom primary legislators (parliaments and legislatures) have delegatewd legislative authority. The exercise of this authority is subject to both parliamentary scrutiny and judicial review. This paper looks at the relationship between these functions and considers whether they are being performed sufficiently to ensure democratic accountability for executive legislation. It concludes that although these functions do not conflict, there are serious concerns about whether they ensure democratic accountability for executive legislation in Canada.
Keywords: Législation exécutive, contrôle judiciaire, examen parlementaire, processus réglementaire, droit constitutionnel, Delegated legislation, regulation, judicial review, parliamentary review, regulatory process, constitutional law
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10275.More information
Marked by the electoral defeat of the Institutional Revolutionary Party (PRI) in 2000, the transition of the political regime in Mexico has contributed to the diversification of the political-electoral geography. Among other consequences, this political plurality has revealed several intergovernmental conflicts previously concealed by the hegemony of the PRI. In this context, this article proposes a review of the procedure for controlling constitutionality (constitutional controversy), reformed in 1994 to evaluate the growing intervention of the Supreme Court in resolving conflicts between government units and levels. More specifically, the aim is to identify the procedures proposed by the municipalities and locate the domains involved as well as the trends in resolutions concerning municipal authorities. This review will make it possible to identify the fields of intervention of the municipalities and means of action (laws, regulations, decrees and budgets) for which intergovernmental relations are fairly controversial.
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10276.More information
The objective of this text is to try to understand the widespread belief in the existence of miracles in a world otherwise dominated by science and technology. This paper is divided into five parts. Firstly, we present various surveys which encompass the question of the belief in miracles, while also defining the phenomenon per say. In consideration of the fact that the prayer is at the very heart of the miraculous process, the analysis of its efficiency is discussed in the second part of the text. Subsequently, we examine the functioning of the seemingly inexplicable events by referring to the miracles which would have occurred in the town of Lourdes. In the fourth part, we ponder on the possibility of reconciling science and religion. Finally, the last part of this text is constituted of three subsections: four methodological criticisms regarding the efficiency of prayer, an overview of the apparent failure to assess the notions of randomness and probability when attempting to understand the origin of miracles, and lastly, we present six hypotheses in an effort to offer an alternative to the explicatory models provided by the Church.
Keywords: Miracle, guérison, efficacité de la prière, science, religion, Miracle, healing, effectiveness of prayer, science, religion
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10277.More information
The study of criminal careers has made it possible, up until now, to identify the mechanisms that lead a person to commit crimes. However, although it is well documented that the vast majority of offenders will one day cease their criminal activities (reference to the crime-curve), only in recent years have scholars focused on the last phase of these criminal careers: the moment at which they end. While desistance processes have been studied for probationers and prisoners, little is known about the desistance process of offenders on conditional sentence. At the present time, there are three main theories of desistance in the literature on which no consensus has been reached. Highlighting the limitations of these theories, this paper offers a new conceptual angle with which to understand desistance from crime. By applying this new conceptual framework to qualitative data collected from 29 offenders on conditional sentence in Quebec, the paper brings to light three separate processes (the convert, the repentant and the rescued) that contribute to stopping criminal behavior.
Keywords: désistement du crime, emprisonnement avec sursis, changements identitaires, réalisme critique, desistance from crime, identity, critical realism, conditional sentence, house arrest
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10278.More information
AbstractThe guiding question in the present study is the following : how is it possible to understand the necessity of a pedagogical endeavour in order to reach the intelligible in the Republic, whereas in the Phaedo the soul reaches the Idea without the help of a master ? Those two epistemological approaches, respectively political and moral, are contradictory in appearance only, for it is always a philosophical nature who, whether there be an educational program or not, can have an intuition of the Idea in a solitary experience. While the role of education in the Republic is to identify such a nature, to preserve it from political corruption (though never from a corruption of the eye), to make it owe an involvement in public affairs and to facilitate the eidetic conversion of its eye, philosophy — or dialectics — remain, in the two dialogues, a personal and solitary venture.