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Research Articles (Institute for International and Comparative Law in Africa)
Recent Submissions
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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, 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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(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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(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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(Pretoria University Law Press (PULP), 2020)No abstract available.
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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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(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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(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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(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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(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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(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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(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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(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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(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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(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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(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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(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; ...
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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, 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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(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 ...