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Providing for the independence of the judiciary in Africa: a quest for the protection of human rights
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2006
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| _version_ | 1867613454793179136 |
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| access_status_str | Open Access |
| author2 | Akonumbo, Atangcho Nji |
| author_browse | Akonumbo, Atangcho Nji |
| author_facet | Akonumbo, Atangcho Nji |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/1049 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:24.683Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2006 |
| publishDateRange | 2006 |
| publishDateSort | 2006 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/1049 Providing for the independence of the judiciary in Africa: a quest for the protection of human rights Akonumbo, Atangcho Nji Letsebe, Piet Lesirela UCTD Judicial independence Human rights Africa Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. Prepared under the supervision of Dr. Atangcho N. Akonumbo, at the Faculty of Social and Management Sciences, The Catholic University of Central Africa, Yaounde, Cameroon "The scale of human rights abuses on the continent is undisputedly high. The irony is that most constitutions contain express provisions for the protection and promotion of human rights and for the independence of the judiciary. It explains why constitutional guarantees alone are insufficient, political commitment is required if there is to be substance to these quarantees. The combination of express political statements made by governmetns, and their attitudes towards the judiciary, advances the argument mady by some that the majority of leaders treat its institutional independnce as a foreign invention imposed upon Africa. What is more disturbing, is that no alternate mechanisms are adopted to address and stop the continuation of human rights abuses. Therefore, this research seeks to answer the following question: whether judicial independence is a foreign invention imposed on African governments, and further, whether it is relevant to the protection of human rights in the continent. ... The research is composed of an introduction and four chapters. The introduction outlines the research question, literature review, objectives, hypothesis, significance, methodology and limitations of the study. Chapter one seeks to define the concept of judicial independence and how it relates to the protection of human rights. This is done by examining the international law perspectives on judicial independence. Chapter two highlights the theoretical and practical developments in the African continent that have taken place through the auspices of the OAU pertaining to judicial independence. Here the ACHPR, jurisprudence of the African Commission, the Protocol to the ACHPR and ancillary instruments are discussed and analysed. Chapter three discusses other universally recognised considerations that are concomitant to judicial independence and whose observance accelerate the protection of human rights. The chapter also focuses on the national constitutions to determine the extent to which justice systems cater for judicial independence and, practical responses by governments and courts. The fourth chapter seals the study by drawing evaluations, forwarding recommendations for the popularisation of judicial independence as an internationally recognised mechanism of the protection of human rights relevant to Africa, and finally, drawing general conclusion of the study." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-11-09T12:49:38Z 2006-11-09T12:49:38Z 03-Oct 2003 Mini Dissertation Letsebe, PL 2003, Providing for the independence of the judiciary in Africa: a quest for the protection of human rights, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1049> http://hdl.handle.net/2263/1049 en LLM Dissertations 2003(13) Centre for Human Rights, Law Faculty, University of Pretoria 399496 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | UCTD Judicial independence Human rights Africa Providing for the independence of the judiciary in Africa: a quest for the protection of human rights |
| title | Providing for the independence of the judiciary in Africa: a quest for the protection of human rights |
| title_full | Providing for the independence of the judiciary in Africa: a quest for the protection of human rights |
| title_fullStr | Providing for the independence of the judiciary in Africa: a quest for the protection of human rights |
| title_full_unstemmed | Providing for the independence of the judiciary in Africa: a quest for the protection of human rights |
| title_short | Providing for the independence of the judiciary in Africa: a quest for the protection of human rights |
| title_sort | providing for the independence of the judiciary in africa a quest for the protection of human rights |
| topic | UCTD Judicial independence Human rights Africa |
| url | http://hdl.handle.net/2263/1049 |