Military Tribunals And Due Process In Nigeria
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Due Process in Nigeria's Administrative Law System
Author | : Oneyebuchi T. Uwakah |
Publisher | : University Press of America |
Total Pages | : 260 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780761807643 |
This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.
An Introduction to the Theory and Practice of Military Law in Nigeria
Author | : David M. Jemibewon |
Publisher | : |
Total Pages | : 262 |
Release | : 1989 |
Genre | : Courts-martial and courts of inquiry |
ISBN | : |
Secret Trials and Executions
Author | : Barbara Olshansky |
Publisher | : Seven Stories Press |
Total Pages | : 84 |
Release | : 2011-01-04 |
Genre | : Political Science |
ISBN | : 1609803000 |
Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
General Principles of Law and International Due Process
Author | : Charles T. Kotuby, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2017-02-15 |
Genre | : Law |
ISBN | : 0190642726 |
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Department of Justice Oversight
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 604 |
Release | : 2002 |
Genre | : Civil rights |
ISBN | : |
Military Jurisdiction and International Law
Author | : Federico Andreu-Guzmán |
Publisher | : |
Total Pages | : 396 |
Release | : 2004 |
Genre | : Courts-martial and courts of inquiry |
ISBN | : 9789290371021 |
Judicial Acts and Investment Treaty Arbitration
Author | : Berk Demirkol |
Publisher | : Cambridge University Press |
Total Pages | : 291 |
Release | : 2018-01-11 |
Genre | : Law |
ISBN | : 1107198461 |
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Due Process and International Terrorism
Author | : Roza Pati |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 533 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004172386 |
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.