The notorious rapes of Rhea Silvia, the Sabine women, Lucretia, and Livia are documented in Ancient Roman documents. These incidents had a profound impact on Roman history and were recorded throughout the political landscape. These terrifying incidents were interconnected with significant junctures in the political development of Rome, such as the founding of the city, the Republic, and the subsequent attempts at restoration after the turbulent Decemvirate period. This study sheds light on ho...
Abstract Access to justice suffers a number of challenges and results to ineffective functioning of the justice system. Despite the existence of empirical studies on strategy implementation and strategic planning in the Judiciary, no research has been carried out on the effect of case management on access to justice. The population of the study comprised one hundred and thirty five respondents being magistrates, Judicial staff, Office of the Director of Public Prosecutions (ODPP) counsels, a...
Abstract: Refugees have often engaged in criminal activities or compromising situations that often lead them into crimes. Refugee involvement in crime has thus become a key matter within the refugee protection agenda. This is also happening at a time when the issue of human rights protection has also become especially important. The fundamental question has concerned the guarantees that International Human Rights Law (IHRL) and 1951 Refugee Convention accord refugees, especially those accuse...
Abstract: Alternative Dispute Resolution Mechanism (ADRM) is a broad term which is used in conflict resolution such as negotiation, mediation, conciliation and arbitration in conflict management. This study tried to answer the feasibility of ADRM in Kenyan courts and how they needed to be incorporated as an alternative way of solving disputes and conflict in Migwani, Kenya thus reducing the backlog of cases and speeding up the judgments. The thesis purposed to approach and view dispute resol...
Abstract: The purpose of the study was to evaluate whether due process is applied in the prosecution of terror suspects in Kenya. Specific objectives included: to examine whether the counterterrorism laws, particularly provisions on the arrest of suspected terrorists follow due process as provided under the Constitution of Kenya, 2010; to evaluate whether counter-terrorism strategies are guided by due process rights and/or crime prevention principles of the criminal justice system; and to as...
Are the proceeds of labour export really worth it? Does the end justify the means
Abstract: This discourse delves into the offense of criminal misappropriation, exploring its definition, elements, and application within the realm of criminal law. It emphasizes the significance of statutory and judicial authorities in comprehending the intricacies of this offense and shaping its interpretation. The elements of criminal misappropriation, including dishonest intention, property belonging to another, appropriation without consent, and resulting wrongful gain or loss, are exami...
This is a master's dissertation on a comparative study of the legal framework of the fight against terrorism in West Africa.
Introduction Although the conflict of law issues in relation to family law cover three main areas, namely: (1) marriage; (2) matrimonial causes; and (3) children, the present chapter will focus only on the first one, that is, “Marriage”. When the court has to decide whether a marriage is valid, foreign elements may be involved: one or both of the spouses may be foreign, or the marriage may have been celebrated in a foreign country.
Based on the topic: “Family law is traditionally flexible, giving the court scope to deal with each case on its own merits. Fertility law, in contrast, is often driven by a Parliamentary wish to create clarity and certainty at a wider public policy level. The two approaches do not always sit together comfortably.” Gamble, N, ‘Lesbian parents and sperm donors: Re G and Re Z’, Nov [2013] Fam Law 1429 HFEA 2008: Re G; Re Z [2013] EWHC 134 (Fam)
It is common practice for employees to tender their resignation during the pendency of disciplinary proceeding or investigation regarding an infraction on their part, especially in situations where the employee admits guilt of the allegation(s) or is likely to be indicted. To render the resolution and sanctions arising from such exercise nugatory, an employee would hurriedly tender a resignation to avoid a final deliberation to dismiss or terminate the employment in a form that would be detr...
This paper inquired into whether or not the incumbent Constitution of Uganda contains sufficient guardrails to stymie infringement upon the independence of the Director of Public Prosecutions (hereinafter “the DPP”) in Uganda. The paper employed a qualitative approach and relied upon the text analysis method of inquiry. It, therefore, reviewed the text of the incumbent Constitution as to the independence of the DPP. It also gleaned the literature regarding a constitutional climate that he...
In an ideal world, once parties pursuant to their agreement decide to submit their disputes to an arbitral tribunal, they have invariably agreed to be bound by the tribunal’s decision. However, in reality the unsuccessful party may wish to evade carrying out the award. To this end the New York Convention provides a remedy for the successful party. The successful party can enforce his award not only in the courts of the seat of arbitration but also in the courts where the unsuccessful p...
ABSTRACT This research study was undertaken to analyze the causes of child paid labour in Uganda since it is so rampant in Kampala district. The rationale of the study was to raise awareness to policy makers and legislators to come up with appropriate strategies for the purposes of review and reform of the policies and laws on the welfare of the children in Uganda and also to sensitize the entire community about the rights of the child and the children at large. The study identified the dif...
ABSTRACT This study explores the social construction of women refugees from the perspective of their human rights. To this end, this study examines the development of women refugees’ rights as a category within the human rights discourse. The main assumption of the study is that promoting and improving refugee women’s sexual, reproductive health and other rights in Uganda will contribute to their livelihood security in camps. Refugee women’s special needs are particularly related to the...