title: What makes constitutions legitimate? A legal analysis of constitutions and legitimacy: The example of Fiji.

authors: Shameem, Shaista

subjects: Constitutions

abstract: The title of this thesis What makes Constitutions Legitimate? A Legal Analysis of Constitutions and Legitimacy: the Example of Fiji gives an indication of its subject matter and its significance to understanding the relationship between legitimacy and legality in constitutional theory. In light of early studies of constitutionalism and case law from the first constitutional case to the most recent in Fiji after a revolution or regime change has occurred the common understanding was that legitimacy and legality were two different theoretical concepts. Legality was obtained through effectiveness and success while legitimacy's attributes were justice and morality. It seemed that legality was more important than legitimacy in any declaration of a successful regime change. 

However, recent scholarship suggests that a deficit in legitimacy is also necessarily a failure of legality. Without justice and morality there is no legality in any constitutional order and thus, following John Locke and specific constitutional provisions appearing in modern constitutions, the lack of legitimacy, precisely because it also indicates absence of legality, gives the citizenry the right to revolt. The question is whether there is a common understanding of the meaning of justice and morality. Morality now refers to rights represented by the Universal Declaration of Human Rights. Justice, on the other hand, is more complex- it incorporates a series of qualities which developed incrementally through the centuries of human progress. Each of these qualities is relevant for a particular time and socio-economic and political space. But, above all, the main quality of justice that seems to be consistent over time are the concepts of fair and independent delivery of law and free access to the mechanisms of justice. 

The application of these concepts to the Fijian context reveals that in most Fijian constitutional instruments from 1865 to date both fair and independent delivery of justice and access to the mechanisms of justice were assured. The two exceptions were the 1990 Constitution and the 2013 Constitution. In both these documents fair and independent delivery of justice and access to the courts were limited by ouster clauses. In the case of the 2013 Constitution the ouster provisions are so serious as to dislodge the fundamental grundnorm of Fiji established by the first Constitution of 1865, reinforced by the 1970 Constitution, where people's rights were considered to be free and unfettered. The 21st century constitutional situation thus triggers the right to rebel should the citizens of Fiji feel so inclined. To fend off the risk of violence in the community in response to the unlawful and illegitimate 2013 Constitution what is proposed in this thesis is a new Constitution, based on the last consensus based instruments, namely the 1997 Constitution fortified by the 2008 People's Charter. The innovative methodology of autopoiesis is used to draft the framework and principles of a justice-defined Fijian Constitution for the future.

text: What makes constitutions legitimate? A legal analysis of constitutions and legitimacy: The example of Fiji. The title of this thesis What makes Constitutions Legitimate? A Legal Analysis of Constitutions and Legitimacy: the Example of Fiji gives an indication of its subject matter and its significance to understanding the relationship between legitimacy and legality in constitutional theory. In light of early studies of constitutionalism and case law from the first constitutional case to the most recent in Fiji after a revolution or regime change has occurred the common understanding was that legitimacy and legality were two different theoretical concepts. Legality was obtained through effectiveness and success while legitimacy's attributes were justice and morality. It seemed that legality was more important than legitimacy in any declaration of a successful regime change. 

However, recent scholarship suggests that a deficit in legitimacy is also necessarily a failure of legality. Without justice and morality there is no legality in any constitutional order and thus, following John Locke and specific constitutional provisions appearing in modern constitutions, the lack of legitimacy, precisely because it also indicates absence of legality, gives the citizenry the right to revolt. The question is whether there is a common understanding of the meaning of justice and morality. Morality now refers to rights represented by the Universal Declaration of Human Rights. Justice, on the other hand, is more complex- it incorporates a series of qualities which developed incrementally through the centuries of human progress. Each of these qualities is relevant for a particular time and socio-economic and political space. But, above all, the main quality of justice that seems to be consistent over time are the concepts of fair and independent delivery of law and free access to the mechanisms of justice. 

The application of these concepts to the Fijian context reveals that in most Fijian constitutional instruments from 1865 to date both fair and independent delivery of justice and access to the mechanisms of justice were assured. The two exceptions were the 1990 Constitution and the 2013 Constitution. In both these documents fair and independent delivery of justice and access to the courts were limited by ouster clauses. In the case of the 2013 Constitution the ouster provisions are so serious as to dislodge the fundamental grundnorm of Fiji established by the first Constitution of 1865, reinforced by the 1970 Constitution, where people's rights were considered to be free and unfettered. The 21st century constitutional situation thus triggers the right to rebel should the citizens of Fiji feel so inclined. To fend off the risk of violence in the community in response to the unlawful and illegitimate 2013 Constitution what is proposed in this thesis is a new Constitution, based on the last consensus based instruments, namely the 1997 Constitution fortified by the 2008 People's Charter. The innovative methodology of autopoiesis is used to draft the framework and principles of a justice-defined Fijian Constitution for the future.

year: 2019

title: Energy Investment and Emissions Planning for Electricity Generation in Myanmar

authors: Win, Phyu Phyu

subjects: Energy planning

abstract: Hydropower plays a critical role in supplying electricity generation in the developing nation of Myanmar. Over the next 15 years (2015 – 2030) with anticipated rapid social and economic development in Myanmar, the demand for electricity is expected to increase from 23718 GWh in 2015 to 136605 GWh in 2030, which is nearly a six-fold increase. The aim of this thesis is to investigate the critical role of hydropower in the Myanmar electricity sector in meeting projected demand in 2030. As a result this thesis presents a detailed analysis of electricity generation in Myanmar using chiefly two methods: Energy Return on Investment (EROI) and Carbon Emissions Pinch Analysis (CEPA).
The contributions of this thesis to literature and Myanmar include: (1) the development of a low energy investment, low emissions roadmap towards achieving electricity demand in 2030 for Myanmar; (2) the identification of 20 storage-type hydropower stations that with excellent EROI values and low energy payback times, which help form the foundation of the future development roadmap; and (3), the determination of dam-type-specific empirical correlations for EROI by inputting the estimated electricity output (based on head, water flow, overall efficiency and capacity factor) and dam volume. 
By implementing the recommendation of a further 20 hydropower plants, beyond the currently installed and under-construction plants, Myanmar can achieve its ambitious 2030 electricity supply target, 136605 GWh, in which a major of generation comes from hydropower (69%). The remaining generation comes from natural gas (24%), coal 3340 GWh (2.5%) and other renewables such as solar, wind and biomass (4.5%). Compared to the Myanmar’s current National Electricity Master Plan (2014-2030) adopted by Ministry of Electric Power, the recommendations in this thesis can lead to 41% mitigation of carbon emissions with 7% less energy investment.

text: Energy Investment and Emissions Planning for Electricity Generation in Myanmar Hydropower plays a critical role in supplying electricity generation in the developing nation of Myanmar. Over the next 15 years (2015 – 2030) with anticipated rapid social and economic development in Myanmar, the demand for electricity is expected to increase from 23718 GWh in 2015 to 136605 GWh in 2030, which is nearly a six-fold increase. The aim of this thesis is to investigate the critical role of hydropower in the Myanmar electricity sector in meeting projected demand in 2030. As a result this thesis presents a detailed analysis of electricity generation in Myanmar using chiefly two methods: Energy Return on Investment (EROI) and Carbon Emissions Pinch Analysis (CEPA).
The contributions of this thesis to literature and Myanmar include: (1) the development of a low energy investment, low emissions roadmap towards achieving electricity demand in 2030 for Myanmar; (2) the identification of 20 storage-type hydropower stations that with excellent EROI values and low energy payback times, which help form the foundation of the future development roadmap; and (3), the determination of dam-type-specific empirical correlations for EROI by inputting the estimated electricity output (based on head, water flow, overall efficiency and capacity factor) and dam volume. 
By implementing the recommendation of a further 20 hydropower plants, beyond the currently installed and under-construction plants, Myanmar can achieve its ambitious 2030 electricity supply target, 136605 GWh, in which a major of generation comes from hydropower (69%). The remaining generation comes from natural gas (24%), coal 3340 GWh (2.5%) and other renewables such as solar, wind and biomass (4.5%). Compared to the Myanmar’s current National Electricity Master Plan (2014-2030) adopted by Ministry of Electric Power, the recommendations in this thesis can lead to 41% mitigation of carbon emissions with 7% less energy investment.

year: 2016

title: Inspiring national indigenous legal education for Aotearoa New Zealand's Bachelor of Laws Degree: Phase One

authors: Ruru, Jacinta

subjects: tikanga Maori, LLB law degree, legal education in New Zealand, bilculturalism, bilinguaiism, bijuralism

abstract: This Issues Paper is the result of the first stage of a multi-year, three-phase national project. In it we review the literature and consider some of the preliminary opportunities relevant for the teaching
of Māori law as a foundation source of the Aotearoa New Zealand Bachelor of Laws (LLB) degree for the benefit of the legal profession and Aotearoa New Zealand society. We present ten key messages
as integral to this Issues Paper.

text: Inspiring national indigenous legal education for Aotearoa New Zealand's Bachelor of Laws Degree: Phase One This Issues Paper is the result of the first stage of a multi-year, three-phase national project. In it we review the literature and consider some of the preliminary opportunities relevant for the teaching
of Māori law as a foundation source of the Aotearoa New Zealand Bachelor of Laws (LLB) degree for the benefit of the legal profession and Aotearoa New Zealand society. We present ten key messages
as integral to this Issues Paper.

year: 2020-09-01