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Faculty Scholarship

Comparative and Foreign Law

Judicial review

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Full-Text Articles in Law

African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga Jan 2017

African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga

Faculty Scholarship

This Article examines African constitutional courts’ jurisprudence—that is, jurisprudence of courts that exercise judicial review—and demonstrates the increasing role of sub-Saharan Africa’s constitutional courts in the development of policy, a phenomenon commonly referred to as 'judicialization of politics' or a country’s 'judicialization project.' This Article explores the jurisprudence of constitutional courts in select African countries and specifically focuses on the promotion of democracy, respect for human rights, and the rule of law, and presupposes that although judges often take a positivist approach to adjudication, they do impact policy nevertheless.

The use of judicial review in Africa ...


Constitutional Bad Faith, David Pozen Jan 2015

Constitutional Bad Faith, David Pozen

Faculty Scholarship

The concepts of good faith and bad faith play a central role in many areas of private law and international law. Typically associated with honesty, loyalty, and fair dealing, good faith is said to supply the fundamental principle of every legal system, if not the foundation of all law. With limited exceptions, however, good faith and bad faith go unmentioned in constitutional cases brought by or against government institutions. This doctrinal deficit is especially striking given that the U.S. Constitution twice refers to faithfulness and that insinuations of bad faith pervade constitutional discourse.

This Article investigates these points and ...


Rethinking The Rule Of Law As Antidote To African Development Challenges, Joseph M. Isanga Jan 2012

Rethinking The Rule Of Law As Antidote To African Development Challenges, Joseph M. Isanga

Faculty Scholarship

Undoubtedly, human rights and the rule of law will continue to remain important in addressing a host of international issues. But, when it comes to development on the African Continent, the need to seek broader solutions has never been more urgent Africa's development challenges are extremely complex as they involve deep historical, geographic, ethnic, social, economic, and legal issues that call for multi-faceted approaches and will continue to defy monolithic solutions. Seizing upon indicators of opportunity, some important international actors, such as the United States, may now be more willing to engage in broader approaches. This chapter first critically ...


African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga Jan 2009

African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga

Faculty Scholarship

Achieving political stability in a transitional democracy is a fundamental goal, the resoluteness of which is in part maintained by courts of judicial review that are independent from political bias and devoid of deference to traditionally more powerful branches of government. The recent democratic transitions occurring in the African nations of South Africa and Uganda provide a unique, contemporary insight into the formation of a constitutional jurisprudence. This study is an examination of pivotal cases decided by the Constitutional Courts of South Africa and Uganda, the roles that these decisions play in political stability, and the potential for political bias ...


Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.