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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Customary Law
- EnglishThe exclusive executive and legislative powers of a state shall be as follows:
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30. Traditional Authority and customary law;...
42. Customary law courts. (Schedule (B), Powers of States)
Customary Law
- English
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The State promotes and protects the cultural patrimony as well as the habits and customs which are not contrary to public order and morality. (Art. 24) - French
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L’Etat promeut et protège le patrimoine culturel ainsi que les us et coutumes qui ne sont pas contraires à l’ordre public et aux bonnes mœurs. (Art. 24)
Customary Law
- English
(1) In exercising his powers under the foregoing provisions of this Chapter11 in respect of appointments to the offices of Justices of the Supreme court and Justices of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in Customary law.
(2) For the purposes of subsection (1) of this section –
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(b) a person shall be deemed to be learned in Customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of Customary law. (Sec. 288)
Customary Law
- English(1) National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law
(a) national or provincial legislation may provide for the establishment of houses of traditional leaders; and
(b) national legislation may establish a council of traditional leaders. (Sec. 212)
Customary Law
- English(1) INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
(2) INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
(3) Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter15 shall be regulated by Swazi law and custom. (Sec. 228)
Customary Law
- English...
b. The Legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages. (Art. 23)
Customary Law
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The law establishes the rules concerning:
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- the procedure according to which customs [coutumes] are declared and harmonized with the principles of the Constitution;
… (Art. 127) - Arabic...
ينص القانون على القواعد المتعلقة:
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- بالإجراءات التي أعلنت بموجبها الأعراف وتم تنسيقها مع مبادئ الدستور؛
... (المادة 127) - French…
La loi fixe les règles concernant:
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- la procédure selon laquelle les coutumes sont constatées et mises en harmonie avec les principes de la Constitution;
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Customary Law
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(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
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(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
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Customary Law
- English(1) The laws of Sierra Leone shall comprise—
a. this Constitution;
b. laws made by or under the authority of Parliament as established by this Constitution;
c. any orders, rules, regulations and other statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this Constitution or any other law;
d. the existing law; and
e. the common law.
(2) The common law of Sierra Leone shall comprise the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity, and the rules of customary law including those determined by the Superior Court of Judicature.
(3) For the purposes of this section the expression “customary law” means the rules of law which by custom are applicable to particular communities in Sierra Leone.
… (Sec. 170)
Customary Law
- English1. The institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.
2. Parliament shall not enact legislation which—
a. confers on a person or authority the right to recognise or withdraw the recognition of a chief; or
b. derogates from the honour and dignity of the institution of chieftaincy. (Art. 165)