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Article
The executive pardon of Barak Sope: The struggle for constitutional standards in the Republic of Vanuatu
LAWASIA Journal (2004)
  • Patrick Keyzer, University of Technology, Sydney
Abstract
Before his recent appointment to the position of Foreign Minister of the Republic of Vanuatu, Barak Sope was convicted for forgery and received an executive pardon (he was later re-elected). The Vanuatu Court of Appeal held that the pardon only had prospective effect, and so he was not entitled to resume his seat in the Parliament. Further consideration of the Barak Sope case provides an opportunity to reflect on the principles and techniques of statutory and constitutional construction applied in Vanuatu. The author concludes that consistent standards relating to questions of construction in this context are difficult to locate and steps may need to be taken to advance research and scholarship to harmonize the common law applied in the courts with local customs and tradtions.
Keywords
  • constitution,
  • Vanuatu,
  • Barak Sope,
  • statutory construction,
  • constitutional construction
Disciplines
Publication Date
January 1, 2004
Publisher Statement
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Citation Information
Patrick Keyzer. "The executive pardon of Barak Sope: The struggle for constitutional standards in the Republic of Vanuatu" LAWASIA Journal (2004)
Available at: http://works.bepress.com/patrick_keyzer/1/