Tackling the Unconstitutional Overthrow of Democracies: Emerging Trends in the Commonwealth

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Commonwealth Secretariat, 2003 - Political Science - 212 pages
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There is a rich history of case law within the Commonwealth where there have been legal challenges to unconstitutional overthrow of Governments. The courts as well as the Commonwealth have recently adopted the position of refusing to recognize the legality of such changes. This publication is a compilation of relevant cases.
 

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Contents

TABLE OF CONTENTS
5
THE EMERGENCE OF DODGY JURISPRUDENCE
18
iii The Attack on the Misuse of the Necessity Doctrine
34
THE NEED TO REFINE THE EMERGING JURISPRUDENCE
47
IN THE COURT OF APPEAL FIJI ISLANDS
82
IN THE HIGH COURT OF FIJI
123
IN THE HIGH COURT OF FIJI
137
Part II
165
Part III
181
REPORT BY THE COMMONWEALTH HIGH LEVEL REVIEW GROUP TO COMMONWEALTH
194
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