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Full-Text Articles in Law
The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga
The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga
Joseph Isanga
African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as …
African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga
African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga
Joseph Isanga
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 …
African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga
African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga
Joseph Isanga
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 has been painfully slow, …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee
Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Singapore Court of Appeal’s judgment in Vellama d/o Marie Muthu v Attorney-General [2013] SGCA 39 – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics. The Court held that the Government was incorrect in asserting the Constitution confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The judgment came as a surprise to those used to a judicial stance fairly deferential towards the Government, but on balance the Court did accord …
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Russell A. Miller
No abstract provided.