This chapter develops an innovative approach to the furtherance of compliance with decisions of s... more This chapter develops an innovative approach to the furtherance of compliance with decisions of supranational human rights tribunals beyond the vertical context of decisions of these tribunals applying only to the respondent states. Through a reflection on the African Court on Human and Peoples’ Rights (African Court), it introduces the idea of ‘horizontal’ compliance where the Court can seek to ensure compliance with its decisions involving the validity of laws vis-Ă -vis states with comparable legal provisions to the respondent state. Indeed, the pursuance of horizontal compliance would allow the Court to radiate its key decisions, involving the validity of legal provisions, beyond the specific respondent state. Horizontal compliance would also require an adaptation of the Court’s functions from merely serving as a reactive to a proactive protector of continental human rights standards. While this new function may be seen as crossing the blurry boundaries of the Court’s protective mandate towards a promotional mandate, this would not constitute an undue expansion of the Court’s reach as it will be limited to instances where the decision involves the validity of legal provisions, which is true in a small minority of cases.
Constitutions establishing presidential and semi-presidential systems of government are character... more Constitutions establishing presidential and semi-presidential systems of government are characterized by the parallel popular legitimacy of the legislature and the president. Presidents in such systems ordinarily serve a guaranteed fixed term of office. Nevertheless, many constitutions in presidential and semi-presidential systems of government provide exceptional grounds and procedures through which a president may be removed before the end of their term. The grounds for and process of presidential removal are complex and can be contentious, often involving both legal and political considerations. This Primer seeks to inform and aid decisions on the constitutional design of presidential removal processes through a comparative discussion of the diverse set of rules for presidential removal.
This chapter develops an innovative approach to the furtherance of compliance with decisions of s... more This chapter develops an innovative approach to the furtherance of compliance with decisions of supranational human rights tribunals beyond the vertical context of decisions of these tribunals applying only to the respondent states. Through a reflection on the African Court on Human and Peoples’ Rights (African Court), it introduces the idea of ‘horizontal’ compliance where the Court can seek to ensure compliance with its decisions involving the validity of laws vis-Ă -vis states with comparable legal provisions to the respondent state. Indeed, the pursuance of horizontal compliance would allow the Court to radiate its key decisions, involving the validity of legal provisions, beyond the specific respondent state. Horizontal compliance would also require an adaptation of the Court’s functions from merely serving as a reactive to a proactive protector of continental human rights standards. While this new function may be seen as crossing the blurry boundaries of the Court’s protective mandate towards a promotional mandate, this would not constitute an undue expansion of the Court’s reach as it will be limited to instances where the decision involves the validity of legal provisions, which is true in a small minority of cases.
Constitutions establishing presidential and semi-presidential systems of government are character... more Constitutions establishing presidential and semi-presidential systems of government are characterized by the parallel popular legitimacy of the legislature and the president. Presidents in such systems ordinarily serve a guaranteed fixed term of office. Nevertheless, many constitutions in presidential and semi-presidential systems of government provide exceptional grounds and procedures through which a president may be removed before the end of their term. The grounds for and process of presidential removal are complex and can be contentious, often involving both legal and political considerations. This Primer seeks to inform and aid decisions on the constitutional design of presidential removal processes through a comparative discussion of the diverse set of rules for presidential removal.
Taming Regressive Constitutional Amendments: The African Court as a Continental (super) Constitut... more Taming Regressive Constitutional Amendments: The African Court as a Continental (super) Constitutional Court The African Court on Human and Peoples' Rights has the required substantive basis to function, and has in fact shown the willingness to operate, as a constitutional court for Africa. The Court has invalidated not only laws, but also a constitutional provision as incompatible with relevant continental and sub-regional standards. The article argues that this extensive power of the African Court has implications for the empowerment of domestic constitutional courts to review the substantive validity of constitutional amendments. In combination with other constitutional and popular mechanisms of control, such an empowerment would constitute an additional veto point to stymie self-serving efforts undermining fundamental constitutional principles, so common in the African context. The express judicial empowerment and regulation of the review of constitutional amendments would allow constitutional designers to define the scope of the power, to identify the enforceable substantive limits, and to establish procedural and decision rules cognizant of the higher level of political consensus underwriting amendments. Counterintuitively, therefore, the recognition of domestic judicial review of constitutional amendments would limit judicial venture into constitutional politics.
Uploads
Papers by Adem Abebe