Browsing Research Articles (Institute for International and Comparative Law in Africa) by Type "Postprint Article"
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Browsing Research Articles (Institute for International and Comparative Law in Africa) by Type "Postprint Article"
Now showing items 1-20 of 20
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(Brill Academic Publishers, 2024-07)The June 2023 elections in Sierra Leone occurred against the backdrop of amendments to the Public Elections Act (pea), the enactment of the Gender Equality and Women’s Empowerment Act (gewe), and a switch from the First ...
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(Routledge, 2016-06)It is now widely recognised that the unregulated processing of personal information has had a significant impact on key human rights like privacy, dignity, integrity, personality and autonomy. However, while other regions ...
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Clarifying jus cogens, erga omnes and the place of third-party countermeasures in international law (University of South Africa, 2024-04)There is substantial support in literature of the idea that all norms of jus cogens are erga omnes, in that they produce obligations applicable towards all states. However, not all obligations erga omnes invariably flow ...
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(Routledge, 2021)One of Africa’s major challenges in the last three decades has been the need to restore confidence in the judiciary. During the long years of dictatorial rule, judges were stripped of their independence and appointed or ...
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(Brill Academic Publishers, 2014)Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of ...
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(Cambridge University Press, 2018-06)The prominent place given to decentralization in the design of post-1990 African constitutions has been likened to a silent revolution. This is not surprising, for sharing power has been anathema to post-independence African ...
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(Routledge, 2018)The issue of constitutional literacy has attracted very little attention in scholarship on constitutionalism in Africa. This is not surprising, because the early constitutions were virtually imposed by the departing colonial ...
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(Sweet and Maxwell, 2022-06)It had been assumed that the advances in digital information technology and its increasing availability to ordinary Africans would facilitate broader public participation in decision-making and provide ordinary citizens ...
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(Edinburgh University Press, 2017-02)Until fairly recently, the issue of constitutional implementation has surprisingly received little attention both in constitutional theory and practice. Yet it is a crucial aspect of constitutional effectiveness. Without ...
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(Brill Academic Publishers, 2016-03)It is generally recognised that election management bodies (EMBs) constitute one of the most important institutions needed to sustain Africa‟s fledgling transition to democratic and constitutional governance. They are ...
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(Cambridge University Press, 2022-02)The contention of this article is that there is a need to debunk the myth that the diversity of Africa's inherited legal systems means that the continent has little to contribute to the global legal dialogue. For Africa ...
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(Edinburgh University Press, 2013-01)Serious efforts to legally recognise and protect human rights in Africa came only with the constitutional reforms that started in the 1990s.Many of the resulting new or revised constitutions now contain provisions aimed ...
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(Brill Academic Publishers, 2022)Most recent accounts paint a bleak and gloomy picture of the state of global democracy. This is particularly so in Africa where the optimism of a democratic revival in the 1990s is rapidly giving way to narratives of doom ...
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(Springer, 2017-07)The right to personal data protection is, without doubt, an important right in the jurisprudence of rights in the contemporary information society. It is becoming as crucial as other orthodox human rights and also ...
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(Oxford University Press, 2014-07)The German Constitutional Court, we often hear, draws its considerable strength from the reaction to the German Nazi past: Because the Nazis abused rights and had been elected by the people, the argument runs, it was ...
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(Oxford University Press, 2013-02)A major cause of political and constitutional instability in post-independence Africa was the ease with which political leaders subverted constitutionalism by arbitrarily changing constitutions to suit their political ...
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(Oxford University Press, 2015-02)This paper examines the complex relations that have existed over the years between religious organisations and the state in Cameroon. It focuses on the tensions that have arisen as the state tried, especially after 1990 ...
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(T.M.C. Asser Press, 2020)Nuclear deterrence is not illegal under international law but is being delegitimised, in part as a result of the adoption of the United Nations Treaty on the Prohibition of Nuclear Weapons. The Treaty prohibits not only ...
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(Springer, 2020-04)Executive lawlessness has been one of the major sources of the crisis of constitutionalism in Africa. After a 9 year tenure marked by allegations of corruption and complicity in the capture of the state by an Indian business ...
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(Oxford University Press, 2021-03)Albeit the prohibition of recruitment and use in hostilities of children is an established norm of international law, recognized under both international humanitarian law and international human rights law, the problem ...
Now showing items 1-20 of 20