Legal Pluralism and the Rule of Law in East Timor

‘Legal Pluralism and the Rule of Law in East Timor’ (2006) 19 Leiden Journal of International Law 305-337

U. of Adelaide Law Research Paper No. 2019-68

Posted: 30 May 2019

Date Written: 2006

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 drawnlargelyfromthe international sphere.As a case study of EastTimorthis 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 dangerswhen 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

JEL Classification: K10

Suggested Citation

Grenfell, Laura, Legal Pluralism and the Rule of Law in East Timor (2006). ‘Legal Pluralism and the Rule of Law in East Timor’ (2006) 19 Leiden Journal of International Law 305-337 ; U. of Adelaide Law Research Paper No. 2019-68. Available at SSRN: https://ssrn.com/abstract=3396237

Laura Grenfell (Contact Author)

University of Adelaide

No 233 North Terrace, School of Commerce
Adelaide, South Australia 5005
Australia

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