Starting the emergency process : some reflections on presidential prerogatives in South Africa and Cameroon in time of turmoil
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Date
Authors
Kamga, Gerard Emmanuel Kamdem
Journal Title
Journal ISSN
Volume Title
Publisher
Nomos Verlagsgesellschaft mbH
Abstract
The study investigates and entails a crossed analysis of the legal and
constitutional processes through which a state of emergency and a state of siege
are brought into being within the contexts of Cameroon and South Africa. In both
countries, a presidential act is required to enforce these institutions. However, the
significant fact is that the status and the legal regime of such an act are different
and lead to some major consequences on human rights and the rule of law. In the
case of Cameroon, the presidential act declaring a state of emergency or a state of
siege is an Act of state whereas in the case of South Africa, it is an Act of Parliament.
The latter is subject to judicial review and parliamentary appreciation
whereas the former is linked to the idea of raison d’état and is a completely presidential
matter.
Description
Keywords
Presidential act, State of emergency, State of siege, Legal process, Constitutional process, Cameroon, South Africa (SA)
Sustainable Development Goals
Citation
Kamga, GEK 2016, 'Starting the emergency process : some reflections on presidential prerogatives in South Africa and Cameroon in time of turmoil', Verfassung und Recht in Übersee / Law and politics in Africa, Asia and Latin America, vol. 49, no. 1, pp. 92-104.