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Jurisdiction is a fundamental aspect of Nigerian procedurallaw. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws.
It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through ConstitutionalLaw? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law (in English).
Here Kelsen points out the fact regarding Austin’s theory of law that where law is a command of a sovereign, backed by sanction. But here, Austin’s theory is saying that what law ‘Ought’ to be and not what law is. This is the point where Austin’s theory fails on justifying International law, procedurallaw etc.
Main Areas of Law The main areas of law include constitutionallaw (specifically the Eighth Amendment regarding protection from cruel and unusual punishment), civil rights (42 U.S.C. It also touches on procedurallaw, particularly the standards for amending a complaint after a motion to dismiss.
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