The international human rights law as a source of law in the Burundian judicial system

dc.contributor.advisorTumwine-Mukubwa, Grace Patrick
dc.contributor.postgraduateNdayikengurukiye, Michel
dc.date.accessioned2006-11-27T12:32:00Z
dc.date.available2006-11-27T12:32:00Z
dc.date.created05-Oct
dc.date.issued2005
dc.descriptionThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
dc.descriptionPrepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Ugandaen
dc.description.abstract"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction.en
dc.description.degreeLLM
dc.description.departmentCentre for Human Rights
dc.description.urihttp://www.chr.up.ac.za/academic_pro/llm1/dissertations.htmlen
dc.format.extent281803 bytes
dc.format.mimetypeapplication/pdf
dc.identifier.citationNdayikengurukiye, M 2005, The international human rights law as a source of law in the Burundian judicial system, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1154>
dc.identifier.urihttp://hdl.handle.net/2263/1154
dc.language.isoenen
dc.publisherUniversity of Pretoria
dc.relation.ispartofseriesLLM Dissertationsen
dc.relation.ispartofseries2005(15)en
dc.rightsCentre for Human Rights, Law Faculty, University of Pretoriaen
dc.subjectUCTD
dc.subjectHuman rights Africaen
dc.subjectHuman rights lawen
dc.subjectInternational human rights lawen
dc.subjectInternational human rights instrumentsen
dc.subjectNational lawen
dc.subjectDomestic lawen
dc.subjectConstitutional lawen
dc.subjectConstitutionsen
dc.subjectCourts Burundien
dc.subjectLawyersen
dc.titleThe international human rights law as a source of law in the Burundian judicial systemen
dc.typeMini Dissertationen

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