TY - JOUR
T1 - The challenges of legal pluralism in the cook Islands and beyond
T2 - An insight from hunt and tupou & ors v miguel, Cook Islands court of appeal, 19 February 2016
AU - Forsyth, Miranda
PY - 2016
Y1 - 2016
N2 - The Cook Islands Court of Appeal handed down an important decision in early 2016 dealing with the issue of whether the state or a customary authority had the right to decide entitlement to a major customary title in the Cook Islands. As such, the case raises an issue that continues to be highly contested in many Pacific island nations: the limits of adjudicatory responsibility of customary authorities within the nations constitutional framework. That such issues continue to arise in the Cook Islands, even fifty years after internal self-governance, is a testimony to the complexity of the task of determining the role of custom, customary leaders and institutions within an introduced legal and governance framework.
AB - The Cook Islands Court of Appeal handed down an important decision in early 2016 dealing with the issue of whether the state or a customary authority had the right to decide entitlement to a major customary title in the Cook Islands. As such, the case raises an issue that continues to be highly contested in many Pacific island nations: the limits of adjudicatory responsibility of customary authorities within the nations constitutional framework. That such issues continue to arise in the Cook Islands, even fifty years after internal self-governance, is a testimony to the complexity of the task of determining the role of custom, customary leaders and institutions within an introduced legal and governance framework.
UR - http://www.scopus.com/inward/record.url?scp=85016734273&partnerID=8YFLogxK
M3 - Article
SN - 1684-5307
VL - 2016
SP - 26
EP - 38
JO - Journal of South Pacific Law
JF - Journal of South Pacific Law
IS - 2
ER -