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Browsing Institute for International and Comparative Law in Africa by Type "Article"
Now showing items 1-18 of 18
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(Nomos Verlagsgesellschaft, 2023)The year 2021 witnessed a global “coup pandemic”, with the highest number of successful overthrows of government in the past twenty years. Many of them – in Chad, Guinea, Mali, Sudan – occurred in Sub-Saharan Africa, a ...
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(Pretoria University Law Press, 2020)The need to act swiftly in times of emergency gives governments a reason to exercise emergency powers. This is a legally valid and accepted practice in modern democracies. Post-independence African constitutions contained ...
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(North West University, Faculty of Law, 2015)As this is a nation riddled with a history of inequality, the Constitution of the Republic of South Africa is a sign-post to what one hopes is an end destination of inclusivity. Post-1994 the new democratic government faced ...
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(Cambridge University Press, 2013)This article critically examines the jurisprudence of the African Commission on Human and Peoples’ Rights (the African Commission) on the right to development (RTD). Notwithstanding the controversy over the RTD, it is ...
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(Pretoria University Law Press, 2024)In 2013 Zimbabwe adopted a gender quota system for the National Assembly. However, the quota system is set at 30 per cent, contrary to international law obligations domesticated under section 17 of the 2013 Zimbabwean ...
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(Pretoria University Law Press (PULP), 2020)No abstract available.
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(Pretoria University Law Press, 2018)Serious efforts to entrench the rule of law in Africa came with the socalled third wave of democratisation in the 1990s. This democratic revival raised hopes of a new era of governance guided by the basic principles of ...
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Gender equality in African customary law : has the male ultimogeniture rule any future in Botswana? (Cambridge University Press, 2014-09)The actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated ...
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(Sage, 2023-02)Comparison across jurisdictions is one way of assessing the appropriateness of lethal force resulting from the actions of law enforcement agencies. This article sets out a vision for a global use of force monitor that can ...
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(The American Society of Comparative Law, 2012)This paper aims to examine the possible impact that the internationalization of constitutional law may have on constitutional developments and the consolidation of constitutionalism and the rule of law in Africa. As an ...
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(Pretoria University Law Press, 2021)The territorial scope of the application of human rights treaties has been a core discussion when dealing with the enforcement of human rights obligations imposed by human rights treaties on State Parties. In particular, this ...
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(Pretoria University Law Press, 2018)After the wave of democratic and constitutional reforms in the 1990s, the rule of law appeared to have enjoyed a revival in Africa. Apparently there were strong constitutional commitments by African countries for ...
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(Pretoria University Law Press (PULP), 2021)The right of peaceful assembly has been recognised as a critical component of democracy. In Africa it played a significant role in the liberation of states from colonial oppression, and continues to be used to express ...
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(Juta Law, 2014)No abstract available.
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(Pretoria University Law Press, 2021)The integration of international jurisprudence into the interpretation of the right to health of persons with disabilities by domestic courts is an important way of enhancing protection of the right at the national level. ...
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(Pretoria University Law Press, 2017)Transformative constitutionalism, popularised in the context of South Africa’s transition from apartheid to constitutional democracy, arguably offers an antidote for failed constitutionalism and weak protection of fundamental ...
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(Paris Legal Publishers, 2017-02)The evolution in the legal regime governing human trafficking can be separated neatly into three eras: the Pre-League of Nations, the League of Nations, and the United Nations. This study considers the first of these eras; ...
Now showing items 1-18 of 18