THE CYPRUS EXPERIENCE

4 POLYVIOS G. POLYVIOU – THE CYPRUS EXPERIENCE Professor Finnis and others. Later, as a Lecturer in Oxford, I was privileged to participate in the Jurisprudence Seminars of the Faculty of Laws, and though I have been practising law in Cyprus since 1981 I have tried (not very successfully) to follow major developments in Jurisprudence and the Philosophy of Law. I have profited immensely from the writings of the above scholars, particularly those of Hart and Dworkin. In this book, I have tried to apply some of the above theories of constitu- tional and public law, as well as related techniques and methodologies, to Cyprus and its legal system. Perhaps, there is no other system of law which presents such theoretical interest, in view of its origin, developments and varied content. Is there such a thing as a unified “system of law” in Cyprus? What are the major components of this system? How can jurisprudential criteria of membership, identity, succession and continuity be applied to the Cypriot legal system? How can the theories of Kelsen and Hart be applied to Cyprus? Even if they can be applied, are they the best way to describe the Cypriot legal system and its development? Of particular interest are the following topics. What type of Constitution was the 1960 Constitution? Was it inevitable that it would fail? In the event of a failure of this Constitution, what would the consequences be? Then there is the doctrine of necessity, as developed and applied by the Supreme Court of Cyprus in 1964 in the famous case of Ibrahim . 6 Ibrahim was the (then) existing legal system’s answer to the difficulties and break- down of the 1960 Constitution and, as we shall see below, has been cited in other jurisdictions confronted with similar problems of legal disruption and discontinuity. How does this compare with applications of doctrines of necessity elsewhere and what is the relationship between this alleged- ly domestic doctrine of necessity on the one hand and notions and con- cepts of international recognition relating to the Republic of Cyprus on the other? There is also the Turkish invasion of the 1974 and the consequent occupation of more than one-third of the territory of the Republic, which continues to-date. A puppet regime was set up in the occupied area by Turkey, which has received no international recognition but which, though heavily dependent on Turkey, has continued to function on a de facto basis within the occupied area. How has this situation impacted upon the validity 6 The Attorney-General of the Republic v. Mustafa Ibrahim [1964] CLR 195.