THE UNIVERSITY OF THE SOUTH PACIFIC

SCHOOL OF LAW

LAUCALA CAMPUS

 
 

EXAMINATION PAPER

SEMESTER 1 2000
 

 

 

 

 

COURSE TITLE:  LA 100  LEGAL  SYSTEMS  I

 

DURATION OF EXAM:

 

     3 Hours

 

TOTAL NUMBER OF PAGES:

 

      Four (4), including cover page

 

MARK VALUE:

This examination carries a total of sixty (60) marks. Both sections A and B carry thirty (30) marks each.     

 

NUMBER OF SECTIONS:

 

      Two

 

NUMBER OF QUESTIONS:

 

       Seven (7)

 

NUMBER OF QUESTIONS TO BE

ANSWERED

 

Five: Two (2) compulsory questions from section A and three (3) from section B.

 

NOTES TO CANDIDATES

You are allowed to bring unannotated Readers for LA 100 into the Examination Room.

You are to do five questions altogether: the two (2) questions in Section A and any three (3) questions in section B.

 

 

 

 

 

SECTION A

The two (2) questions in this section are compulsory. Each carries fifteen (15) marks so the total number of marks for this section is thirty (30). Your answers to these two questions should be between six to twelve paragraphs long.

 

 

QUESTION ONE.

The Republic of Utopia is a sovereign state situated in the USP region. Let us assume that it was a colony of the United Kingdom from 1850 to 1970, when it became independent under a homegrown written Constitution. Article 80 of that Constitution says that it may be repealed only by the votes of not less than three- quarters of the members of the Parliament of Utopia and is subsequently supported by a national referendum.

 

A couple of months ago, armed members of a local political group executed a “civilian coup” which overthrew the democratically – elected government of Utopia. A new government was set up by the executors of the coup based in the capital city of Utopia. Elsewhere in the country, civil anarchy prevails and members of the police and military forces continue to maintain their allegiance to the deposed administration. As may be expected, the new government has failed to gain effective control of the country and has failed to receive any international recognition. The new government revoked the 1970 Constitution and replaced it with another written Constitution, which became effective on 1 June 2000. The new Constitution states that it is the supreme law of the land. Under the new Constitution, article 50 says, “the formation of new political parties is banned, until provided otherwise by decree, and irrespective of the provisions of any other law to the contrary”. The leader of the opposition in Utopia criticises this provision of the Constitution because he considers it to be contrary to the “right to freedom of association” which is guaranteed under the Human Rights Act, Chapter 3 of the Revised Laws of Utopia.  

 

The leader of the opposition seeks your legal opinion about:

 

a)     whether the new government validly revoked the 1970 Constitution? and

b)     whether the ban on formation of political parties under the 2000 Constitution is  valid? 

Please provide that advise.

 (15 marks)

 

 

QUESTION TWO.

Assume that a chief from a small village in a distant island has come to see you in your legal practice, which is in the capital of your country. He tells you that he is unhappy because the central government has issued a mineral exploration license to a foreign mining company for it to conduct mineral exploration activities on his island. He tells you that the areas where the exploration activities will be sited comprise of garden lands and some sacred sites for his people.

 

According to your research, there are various laws which apply to this matter.

He asks you if his people can legally stop employees of the minerals exploration company from carrying out their activities on his clans land. How would you advise him if:

 

a)     the common  law recognises that all the minerals in the land are vested in the Crown or the state; and

 

b)     the mining legislation in your country vests ownership of all minerals in the state and gives the central government the power to issue exploration licenses; and

 

c)      according to the customs of the chief’s clan, his people own the land and all its resources.

 

 (15 marks)

 

 

SECTI0N B

 

This section contains five (5) questions. You are required to answer only three (3) questions from this section. Each question in this section carries ten (10) marks so the total number of marks for this section is thirty (30). Your answers to these questions should be between five to nine paragraphs long.

 

 

 

QUESTION THREE

Explain the points of reference, meanings and the ambits of each of the following classifications of laws.

a)     Criminal laws and Civil laws; and

b)     Public Laws and Private laws.

 

(Note: If necessary, you may draw diagrams to illustrate you answers for the above question).

 

(10 marks)

 

 

QUESTION FOUR

Define the “doctrine of parliamentary sovereignty” and explain its implications on law making in England and in USP regional states.

 

(10 marks)

 

 

 

 

 

 

QUESTION FIVE

Explain and cite examples of each of the following types of laws.

a)     Imperial laws and Colonial laws; and

b)     Bylaws and Ordinances.

 

(10 marks)

QUESTION SIX

In your opinion, which school of jurisprudence has had the most significant influence on the making of laws in South Pacific regional jurisdictions? Explain why.

 

(10 marks)

 

 

QUESTION SEVEN

Identify the factors that the courts impose on the recognition or applications of customs in England and compare these with limitations that are imposed on recognition of customs in USP regional states.

 

(10 marks).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

End of Examinations