The Yegiora Files

The confusion now for me is in regards to what the Constitution says about the declaration of national emergencies in comparison to the steps taken by the Marape-Davis Government yesterday (22/3/2020). My discussion about the Constitution in this article is from a political point of view, it will be good to hear or read legal opinions of lawyers about the matter. Section 228(1) of the Constitution states that if the National Executive (NEC) is of the opinion that an emergency exists or is about to come into being then the Head of State (Governor General) in accordance with advice of the NEC may publicly declare the existence of a national emergency in relation to the whole or part of the country. Section 228(2) states that unless it is impracticable to do so, the declaration under Subsection (1) shall be made in relation to part of the country only prior to consultation with the Emergency Committee.  The official statement from the Office of the Prime Minister released yes...

The  theory of liberalism talks about the importance of using international law to regulate the behaviour of states and non-state actors to maintain peace and ensure cooperation. Liberals have adopted the understanding of how law works in the domestic system to idealize a similar scenario in a community made up of states and non-state actors. Goldstein (2005, p. 101) states that the long tradition of idealism (liberalism) holds that: morality, law and international organization can form the basis of relations among states. He said that human nature is not evil, idealists (liberalists) believe that peaceful and cooperative relations among states are possible. Furthermore, states can operate as a community rather than merely as autonomous self-interested agents.  In the theory of realism, states use power to pursue their own interest in the context of an anarchic system lacking central enforcement mechanisms according to Goldstein (ibid.). He said power capabilities c...