Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Afghanistan; 2004 Constitution; Constitution-Making; Public Participation; Post-conflict States; Participatory Constitutional Design; The Right to Take Part in Constitution-writing; Democracy (1)
- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (1)
- Inhuman or degrading punishment; mischief; trauvaux préparatoires; constitutionality of the death penalty; foreign comparative law; international authorities; foreign authorities; public international law; amicus brief; pro deo system; UN Human Rights Committee; cultural practices; minimum age for marriage; customary law union; purposive interpretation; locus standi; unconstitutional legislation; mala fide; girl child; girl children; jus cogens (1)
- Justice and peace; equal rights; equality; slavery; servitude; honor and reputation; civil and political rights; economic (1)
- Social and Cultural Rights; Optional Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to the International Covenant on Civil and Political Rights (1)
-
- Social and cultural rights; binding instrument; hortatory instrument; treaty; domestic legal system; International Bill of Human Rights; female genital mutilation (FGM); UN Charter; UN High Commissioner for Human Rights; women; children; religious minorities; ethnic minorities; justiciable rights; domestic courts; monist theory; dualist theory; civil law; Roman law; international custom; international customary law; Roman-Dutch civilian law; mixed legal system; common law; foreign law; Bill of Rights; International Court of Justice (ICJ); African Commission on Human and Peoples’ Rights (ACHPR); child marriage; bicameral legislature; independent judiciary; free press; civil society; due process; constitutionalism; governing architecture; interpretative principle; interpretive principle; internationalization; constitutional law; peaceful coexistence; International Criminal Court (ICC); Rome Statute; note verbale; separation-of-powers regime; fidelity to the rule of law; political pluralism; human rights jurisprudence; discrimination against women; State Party; States Parties; substantive justice; stare decisis; obiter dicta; customary law; statutory interpretation; judge-made law; schematic method of interpretation; teleological method of interpretation; Grundnorm; death penalty; murder; cruel (1)
- United Nations; UN General Assembly; League of Nations; UN Charter; international human rights instruments; human rights; fundamental freedoms; international law; peace and security; African courts; Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant on Economic (1)
Articles 1 - 2 of 2
Full-Text Articles in Comparative and Foreign Law
Public Participation In The Constitution-Making Process: The Afghan Experiment, Shamshad Pasarlay
Public Participation In The Constitution-Making Process: The Afghan Experiment, Shamshad Pasarlay
Brooklyn Journal of International Law
This Article explores the public participation process conducted during the drafting of Afghanistan’s 2004 Constitution. It examines scores of questionnaires, public comments, written submissions and minutes of town hall meetings that the framers used to gather public opinion and input. The Article highlights that the makers of the 2004 Constitution of Afghanistan designed and implemented an extensive public participation process, but public opinion did not have a real impact on constitutional outcomes. Instead, the content of the constitution was settled by the political elites whose agreement was needed for constitutional ratification. Drawing on this case study, the paper suggests that …
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …