Abstract

The existence of two legal systems in one society poses challenges to its justice and law making systems. This chapter explores these challenges as experienced within Parliament, the Executive, the Judiciary, the Samoa Law Reform Commission and other law reform agents existing in Samoa. The challenges of legal pluralism stem from the difficulties in giving both the customary legal system and the state legal system a balanced application in law making. In many occasions, customary law is marginalised in the process of law reform developed under the above mentioned institutions. The challenges posed in this chapter are informed by analysis of case law and local legislation and the empirical interviews. References will be made to the empirical interviews which support the challenges put forward in this chapter.

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