The Fijian coup cases: The Constitution, reserve powers and the doctrine of necessity
| Field | Value | Language |
| dc.contributor.author | Twomey, Anne | |
| dc.date.accessioned | 2024-12-18T05:12:00Z | |
| dc.date.available | 2024-12-18T05:12:00Z | |
| dc.date.issued | 2009 | en_AU |
| dc.identifier.uri | https://hdl.handle.net/2123/33502 | |
| dc.description.abstract | If a coup d'état, of necessity, overturns the rule of law, then it is both unusual and potentially self-defeating for a court to rule on its legality. That is why cases on coups are both rare and the object of fascination. How does a court, in those circumstances, accommodate the strict application of the law with recognition of the reality of a new governing regime and the serious risk to public safety that might flow from its judgment? This was the dilemma facing the Fijian Court of Appeal in April 2009. | en_AU |
| dc.language.iso | en | en_AU |
| dc.publisher | Thomson Reuters | en_AU |
| dc.relation.ispartof | Australian Law Journal | en_AU |
| dc.rights | Copyright All Rights Reserved | en_AU |
| dc.subject | coup d’état | en_AU |
| dc.subject | rule of law | en_AU |
| dc.subject | legality | en_AU |
| dc.subject | Fijian Court of Appeal | en_AU |
| dc.subject | public safety | en_AU |
| dc.title | The Fijian coup cases: The Constitution, reserve powers and the doctrine of necessity | en_AU |
| dc.type | Article | en_AU |
| dc.type.pubtype | Publisher's version | en_AU |
| dc.rights.other | This article was published by Thomson Reuters and should be cited as: Twomey, A. (2009). The Fijian coup cases the Constitution, reserve powers and the doctrine of necessity. Australian Law Journal, Vol 83 No 5, May 2009, 319 - 330. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au | en_AU |
| usyd.faculty | SeS faculties schools::The University of Sydney Law School | en_AU |
| usyd.citation.volume | 83 | en_AU |
| usyd.citation.issue | 5 | en_AU |
| usyd.citation.spage | 319 | en_AU |
| usyd.citation.epage | 330 | en_AU |
| workflow.metadata.only | No | en_AU |
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