Discarding Relics of the Past: Patriation of Laws in the South Pacific

Victoria University of Wellington Law Review, 39 4: 635-658, 2009

Posted: 19 Jun 2015

See all articles by Jennifer C. Corrin

Jennifer C. Corrin

The University of Queensland, Centre for Public, International and Comparative Law, TC Beirne School of Law

Date Written: 2009

Abstract

Drawing on Professor Angelo’s work in relation to the patriation of law in Niue and Tokelau as an exemplar of best possible practice, Associate Professor Corrin argues in this article that the time has come for other small island jurisdictions to complete their own promised patriation projects. In her article Dr. Corrin reviews the issues facing former British dependencies in assessing whether English law applies in their jurisdiction. Dr. Corrin concludes that the situation is problematic and that the interests of the rule of law would be better fulfilled by the introduction or the completion of patriation programmes. She reviews case law from a wide range of former dependencies which demonstrate the complexities of applying the reception rule and that of the confusion that can result.

JEL Classification: K00

Suggested Citation

Corrin, Jennifer C., Discarding Relics of the Past: Patriation of Laws in the South Pacific (2009). Victoria University of Wellington Law Review, 39 4: 635-658, 2009. Available at SSRN: https://ssrn.com/abstract=2620519

Jennifer C. Corrin (Contact Author)

The University of Queensland, Centre for Public, International and Comparative Law, TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia
07 33652295 (Phone)

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