The Speaker’s Conundrum (Part 2): The Existence of Non-existent Law

Melanie Phillips   Introduction Earlier this year I introduced the Speaker’s Conundrum, a problem which goes as such: Some time ago I was asked by the Speaker of a local government to give legal advice about its Standing Orders. After asking him for a copy of these Standing Orders, I was promptly informed that “oh, …

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International Legal Transfers: Expectations and Attitudes in Kosovo

Seb Bytyci   Introduction At the end of the war in Kosovo in 1999[1], the UN Security Council established the UN Interim Administration Mission in Kosovo (UNMIK), which was mandated with performing basic civilian administrative functions and organizing and overseeing the development of provisional institutions for democratic and autonomous self-government, including the holding of elections, …

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The Speaker’s Conundrum (Part 1): Access to Law in an Island Paradise

Melanie Phillips   Introduction In many countries, we fight our legal battles over the substance of the law – we argue about what a particular word means in a given context, about whether a decision-maker was correct in reaching this or that decision, or about whether a person charged has been afforded the right to …

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