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The international human rights law as a source of law in the Burundian judicial system
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2006
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| _version_ | 1867613599159025664 |
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| access_status_str | Open Access |
| author2 | Tumwine-Mukubwa, Grace Patrick |
| author_browse | Tumwine-Mukubwa, Grace Patrick |
| author_facet | Tumwine-Mukubwa, Grace Patrick |
| 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, 2005. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/1154 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:42.081Z |
| 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:2263/1154 The international human rights law as a source of law in the Burundian judicial system Tumwine-Mukubwa, Grace Patrick Ndayikengurukiye, Michel UCTD Human rights Africa Human rights law International human rights law International human rights instruments National law Domestic law Constitutional law Constitutions Courts Burundi Lawyers Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda "The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-11-27T12:32:00Z 2006-11-27T12:32:00Z 05-Oct 2005 Mini Dissertation Ndayikengurukiye, M 2005, The international human rights law as a source of law in the Burundian judicial system, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1154> http://hdl.handle.net/2263/1154 en LLM Dissertations 2005(15) Centre for Human Rights, Law Faculty, University of Pretoria 281803 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | UCTD Human rights Africa Human rights law International human rights law International human rights instruments National law Domestic law Constitutional law Constitutions Courts Burundi Lawyers The international human rights law as a source of law in the Burundian judicial system |
| title | The international human rights law as a source of law in the Burundian judicial system |
| title_full | The international human rights law as a source of law in the Burundian judicial system |
| title_fullStr | The international human rights law as a source of law in the Burundian judicial system |
| title_full_unstemmed | The international human rights law as a source of law in the Burundian judicial system |
| title_short | The international human rights law as a source of law in the Burundian judicial system |
| title_sort | international human rights law as a source of law in the burundian judicial system |
| topic | UCTD Human rights Africa Human rights law International human rights law International human rights instruments National law Domestic law Constitutional law Constitutions Courts Burundi Lawyers |
| url | http://hdl.handle.net/2263/1154 |