Download or read book Report of judgments advisory opinions and other decisions of the African Court on Human and Peoples Rights African Court Law Report Volume 3 2019 written by and published by Pretoria University Law Press. This book was released on 2022-01-01 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication This is the third volume of the Report of judgments, orders and advisory opinions of the African Court on Human and Peoples’ Rights. This volume covers decisions from 2018 to 2019. The volume includes all the Judgments, including Separate and Dissenting Opinions, Advisory Opinions, Rulings, Decisions,Procedural Orders and Orders for Provisional Measures adopted by the Court during the period under review. Each case has a headnote setting out a brief summary of the case followed by keywords indicating the paragraphs of the case in which the Court discusses the issue. A subject index at the start of the reports indicates which cases discuss a particular issue. This index is divided into sections on general principles and procedure, and substantive issues.

Download or read book Proportionality Balancing and Constitutional Governance written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2019-05-16 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.

Download or read book Model Law on Access to Information for Africa and other regional instruments Soft law and human rights in Africa written by Ololade Shyllon and published by Pretoria University Law Press. This book was released on 2018-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

Download or read book The Gambia in transition Towards a new constitutional order written by Satang Nabaneh and published by Pretoria University Law Press. This book was released on 2022-09-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.

Download or read book The Homosexuality Debate in Malawi written by Hamburu Mawerenga and published by African Books Collective. This book was released on 2018-06-14 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Homosexuality is a cross-cutting challenge to Malawian society with theological, socio-cultural, economic, legal, political, and human rights implications. This book argues that the solution to the homosexuality debate in Malawi does not lie in either the criminalization or decriminalization of homosexuality; neither does it lie in homophobia nor heterophobia. However, the solution to the homosexuality debate lies in achieving a harmonious co-existence of both heterosexuals and homosexuals by practicing mutual tolerance. The book concludes by suggesting various activities to be taken by: The Government of Malawi; Gay Rights Activists; Religious Leaders; Traditional Leaders; and Malawian Society to ensure the aforementioned tolerance and understanding is encouraged.

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2021-07-22 with total page 1311 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

Download or read book The impact of the Maputo Protocol in selected African states written by Susan Mutambasere and published by Pretoria University Law Press. This book was released on 2023-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the impact and effectiveness of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) in 16 state parties. These countries are: Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of Congo, Ethiopia, Eswatini, the Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, Tanzania, and Zimbabwe. Each of the chapters traces the impact that the Protocol has had on the policies, laws, court decisions, civil society activism, and legal education in the particular state. Each chapter also discusses the relationship of the state with the African human rights mechanisms. The book is an update of two prior volumes of essays, titled The impact of the African Charter and the Maputo Protocol in selected African states, published by PULP in 2012 and 2016, and edited by the Centre for Human Rights, Universityof Pretoria (Centre) and Victor Ayeni, respectively. The third edition, focused more narrowly on the Maputo Protocol, appears as the continent marks 20 years since the adoption of the Protocol on 11 July 2003. By 11 July 2023, 54 out of 55 African Union member states (with the exception of Morocco) have become party to the African Charter, and 44 of them have accepted the Maputo Protocol. The book is edited by and contains several chapters by alumni of the Master’s in Human Rights and Democratisation in Africa programme of the Centre. The Centre intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.

Download or read book The Death Penalty in Africa written by Aimé Muyoboke Karimunda and published by Routledge. This book was released on 2016-03-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.

Download or read book The Judicial Committee of the Privy Council and the Caribbean Court of Justice written by Harold A. Young and published by Rowman & Littlefield. This book was released on 2020-07-31 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

Download or read book The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa a commentary written by Frans Viljoen and published by Pretoria University Law Press. This book was released on 2023-08-28 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first in a series of PULP commentaries on African human rights law, under the series title: PULP Commentaries on African human rights law Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.

Download or read book Judicial Review Systems in West Africa a Comparative Analysis written by and published by . This book was released on 2016 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Download or read book Citizenship Law in Africa written by Bronwen Manby and published by African Minds. This book was released on 2012-07-27 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Download or read book The African Charter on Human and Peoples Rights written by Rachel Murray and published by Oxford University Press. This book was released on 2019-02-14 with total page 1165 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

Download or read book Regional Integration Human Rights and Democratic Participation in Africa written by Karin Deichmann and published by Universitätsverlag Göttingen. This book was released on 2020 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.

Download or read book Combating Election Irregularities in the 21St Century written by Carl W. Dundas and published by AuthorHouse. This book was released on 2015-05-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to promote the concept of reducing the incidence of election irregularities and requiring less intervention by the court or similar disputes resolution mechanisms. The essence of this new approach is to place much greater emphasis on drastically reducing errors through noncompliance with electoral laws and particularly rules, regulations, and directives, which result in election irregularities. This approach may require greater clarity in drafting election rules and regulations as well as more intense monitoring and warning systems developed by EMBs to ensure a high degree of accuracy in the preparation and polling processes. This concept proceeds on the basis that, in general, election stakeholders wish to see the genuine results of the democratic process without diversions to the court or similar assistance being brought into action.

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Download or read book Political Handbook of the World 2015 written by Tom Lansford and published by CQ Press. This book was released on 2015-03-24 with total page 1889 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Handbook of the World provides timely, thorough, and accurate political information, with more in-depth coverage of current political controversies than any other reference guide. The updated 2015 edition will continue to be the most authoritative source for finding complete facts and analysis on each country’s governmental and political makeup. Compiling in one place more than 200 entries on countries and territories throughout the world, this volume is renowned for its extensive coverage of all major and minor political parties and groups in each political system. It also provides names of key ambassadors and international memberships of each country, plus detailed profiles of more than 30 intergovernmental organizations and UN agencies. And this annual update includes coverage of current events, issues, crises, and controversies from the course of this year.