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² In 1984–85 there were 6,517 students from Africa at universities and on other public sector higher and further education courses in the U.K. See Statistics of Students from Abroad in the U.K. 1984/5, British Council, 1986, p. 41.Google Scholar The countries sending the largest number were Nigeria (3,221), Libya (1,250) and Kenya (1,056).

³ See H.C. 584 of 1985–1986 (Ghana) and H.C. 154 of 1986–87 (Nigeria).Google Scholar Similar rules were applied to visitors from India, Bangladesh and Sri Lanka, whereas formerly visitors from Commonwealth countries were exempt from visa requirements.

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¹⁰ The word “custom” is employed here in its ordinary, primary sense of a habitual or usual practice or a common way of acting; it thus includes practices buttressed by the force of “legal” sanctions but it is not necessarily confined to the area often designated as “customary law”.

¹¹ See e.g. Radclifle-Brown, and Fortes, (eds.), African Systems of Kinship and Marriage, Oxford, 1950, 53–5, 60–1, 66.Google Scholar

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³² Hyde v. Hyde (1866) L.R. 1 P. & D. 130Google Scholar; see also Poulter, , “Hyde v. Hyde: A Reappraisar” (1976) 25 I.C.L.Q. 475.Google Scholar

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³⁶ [1961] P. 70.

³⁷ See Poulter, , English Law and Ethnic Minority Customs, 51–55.Google Scholar

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⁴⁰ Dicey, and Morris, , 658, 660.Google Scholar

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⁴⁴ See e.g. Phillips, and Morris, , 55, 121, 123.Google Scholar

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⁵⁶ See generally, Holman, R.; Trading in Children: A Study of Private Fostering, London, 1973.Google Scholar

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⁶² The custom of opium smoking practised by Chinese seamen here during the nineteenth century was treated as a perfectly lawful activity then, coinciding as it did with the widespread habit of opium consumption among the majority community at this time. It was only in the early years of the present century that legislative controls were introduced to outlaw the use of opiates for non-medical purposes, for reasons which had little to do with the activities of the few Chinese living in England at this period. See generally, Berridge, V. and Edwards, G., Opium and the People, Yale, 1987, esp. chap. 15.Google Scholar

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⁶⁴ See e.g. Slaughterhouses Act 1974, s.36(l) authorising Muslim (and Jewish) methods of slaughter as an exception to the general rule about the need for pre-stunning.Google Scholar

⁶⁵ Sec e.g. Motor-Cycle Crash Helmets (Religious Exemption) Act 1974, which permits Sikh motorcyclists to wear turbans in place of crash helmets.Google Scholar

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⁶⁸ [1965] P. 85.

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⁷⁶ See generally Allott, , New Essays in African Law, London, 1970, chap. 5Google Scholar; see also Elias, , British Colonial Law, London, 1962, chap. 6Google Scholar; Daniels, , The Common Law in West Africa, London, 1964, chap. 10Google Scholar; Roberts-Wray, , Commonwealth and Colonial Law, London, 1966, 575–9.Google Scholar

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⁸² The first formula was employed in e.g. the Gold Coast, Nigeria and Sierra Leone, whereas the second was used in e.g. Basutoland and Malawi.

⁸³ [1938] 1 T.L.R. (R.) 403.Google Scholar

⁸⁴ See also Allott, , “What is to be done with African customary law?” [1984] J.A.L. 56 at 59Google Scholar, where the additional point is made that the powers entrusted to the courts by the various repugnancy clauses were only exercised to a very limited degree in Africa.

⁸⁵ Dawodu v. Danmole [1962] 1 W.L.R. 1053 at 1060.Google Scholar

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⁸⁷ Sawyer, , “Judicial manipulation of customary family law in Tanzania”, in Roberts, S. (ed.), Law and the Family in Africa, The Hague, 1977, 121–2.Google Scholar

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⁹⁰ See generally, Poulter, , “Ethnic Minority Customs, English Law and Human Rights” (1987) 36 I.C.L.Q. 589 at 594–8.Google Scholar

⁹¹ Sufficient flexibility and room for development would be retained by the possibility of further human rights conventions being acceded to in the future.

⁹² See Review of the International Commission of jurists, No. 37 (1986), 1.Google Scholar

⁹³ Cmnd. 6702 of 1977.

⁹⁴ Cmnd. 4538 of 1970.

⁹⁵ This Convention has not yet been ratified by the U.K.

⁹⁶ For discussion of this question, see e.g. Cretney, S., Principles of Family Law, 4th ed., 1984, 79–81.Google Scholar

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⁹⁹ Ibid., para. 263.

¹⁰⁰ Principle 2.

¹⁰¹ Arts. 7, 3 and 5, respectively.

¹⁰² Art. 16.

¹⁰³ See Australian Law Reform Commission Report on the Recognition of Aboriginal Customary Law, para. 503.

¹⁰⁴ See e.g. International Covenant on Civil and Political Rights, art. 23(1); International Covenant on Economic, Social and Cultural Rights, art. 10(1); African Charter, art. 18(1).

¹⁰⁵ See e.g. art. 8(1) of the European Convention which states that everyone has the right to respect for his private and family life. Art. 8(2) allows for interference by public authorities if this is necessary for e.g. the protection of the rights and freedom of others.

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¹⁰⁷ Ibid., pp. 65–66.

¹⁰⁸ See e.g. Cassell v. Broome [1972] A.C. 1027 at 1133;Google ScholarWaddington v. Miah [1974] 1 W.L.R. 683 at 694;Google ScholarR. v. Secretary of State for Home Affairs, ex park Bhajan Singh [1976] Q.B. 198 at 207–8;Google ScholarR. v. Secretary of State for the Home Department, ex parte Phansophar [1976] Q.B. 606 at 626;Google ScholarR. v. Chief Immigration Officer, ex parte Bibi [1976] 1 W.L.R. 979 at 984–5Google Scholar; R. v. Secretary of State for Home Affairs, ex parte Hosenball [1977] 1 W.L.R. 766 at 779;Google ScholarAhmad v. I.L.E.A. [1978] 1 All E.R. 574 at 577, 583;Google ScholarMalone v. Metropolitan Police Commissioner [1979] Ch. 344 at 366, 378–80;Google ScholarWhitehouse v. Lemon [1979] A.C. 617 at 665;Google ScholarGleaves v. Deakin [1979] 2 All E.R. 497 at 498–9;Google ScholarAtt.-Gen. v. B.B.C. [1981] A.C. 303 at 352–4, 362;Google ScholarHome Office v. Harmon [1982] 1 All E.R. 532 at 547–8.Google Scholar

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¹¹⁵ See generally, Poulter, , “Ethnic Minority Customs, English Law and Human Rights”, (1987) 36 I.C.L.Q. 589 at 609–13.Google Scholar

¹¹⁶ Art. 1.

¹¹⁷ Art. 2(1).

¹¹⁸ See Cmnd. 4538 of 1970, p. 27.Google Scholar

¹¹⁹ No such declaration was made by the U.K. in respect of art. 23(3) of the International Covenant which is in virtually the same terms.

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