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The rule of law in English speaking African countries : the case of Nigeria and South Africa
Thesis (LLD)--University of Pretoria, 2011.
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University of Pretoria
2013
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| _version_ | 1867613577492299776 |
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| access_status_str | Open Access |
| author2 | Olivier, Michele Emily |
| author_browse | Olivier, Michele Emily |
| author_facet | Olivier, Michele Emily |
| collection | Thesis |
| dc_rights_str_mv | © 2011 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2011. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/28459 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:38:21.763Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| 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:2263/28459 The rule of law in English speaking African countries : the case of Nigeria and South Africa Olivier, Michele Emily fforfunmi@yahoo.co.uk Abioye, Funmilola Tolulope International law Will Rule of law Aprm Constitution Social contract Africa South africa Nigeria Legitimacy Consent Military regimes UCTD Thesis (LLD)--University of Pretoria, 2011. Over time, news about Africa has not been encouraging, whether in relation to poverty; incessant and sporadic conflicts; ineffective leadership; or in relation to the failure of the continent to develop in spite of the vast natural resources with which it is endowed. The failure of good governance in Africa epitomises the plight of the continent, and is the result of many factors including; diverse ethnic divisions across the continent, imposition of foreign systems through colonialisation, to name a few. This thesis also identifies an important factor which is the challenge to the rule of law on the continent. For the rule of law to be established in a society, the law first has to be an integral part of the society, and has to be legitimate, and internalised by the society. For laws and the law-making processes to be legitimate, there needs to be the consent and participation of the people which the law seeks to bind. This is lacking in most African countries where laws are often vestiges of the colonial era, and where the post-colonial law-making mechanisms have not induced confidence. These situations have led to a deficit in the legitimacy of the law in Africa, and the inability of such laws to structure and govern the people; because the people have more often than not been excluded from the law-making process, nor given their consent to be bound by the laws. The resultant effect of these realities is that the laws generally lack legitimacy and are adhered to only when sanctions are attached. This thesis investigates the Constitution as the foundational law in two former British colonies in Africa, namely Nigeria and South Africa and in particular, the way in which it is made; the resultant legitimacy, and the effects on the peoples’ response and interaction with the law. This is in order to draw a nexus between the lack of legitimacy of laws in Africa (as evidenced in the constitution making processes), and the challenges faced by the rule of law on the continent, using the cases of Nigeria and South Africa. Public Law unrestricted 2013-09-07T13:33:47Z 2011-10-26 2013-09-07T13:33:47Z 2011-09-08 2011-10-26 2011-10-05 Thesis Abioye, FT 2011, Rule of law in English speaking African countries : the case of Nigeria and South Africa, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/28459 > B11/9/257/ag http://hdl.handle.net/2263/28459 http://upetd.up.ac.za/thesis/available/etd-10052011-093309/ © 2011 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf University of Pretoria |
| spellingShingle | International law Will Rule of law Aprm Constitution Social contract Africa South africa Nigeria Legitimacy Consent Military regimes UCTD The rule of law in English speaking African countries : the case of Nigeria and South Africa |
| title | The rule of law in English speaking African countries : the case of Nigeria and South Africa |
| title_full | The rule of law in English speaking African countries : the case of Nigeria and South Africa |
| title_fullStr | The rule of law in English speaking African countries : the case of Nigeria and South Africa |
| title_full_unstemmed | The rule of law in English speaking African countries : the case of Nigeria and South Africa |
| title_short | The rule of law in English speaking African countries : the case of Nigeria and South Africa |
| title_sort | rule of law in english speaking african countries the case of nigeria and south africa |
| topic | International law Will Rule of law Aprm Constitution Social contract Africa South africa Nigeria Legitimacy Consent Military regimes UCTD |
| url | http://hdl.handle.net/2263/28459 http://upetd.up.ac.za/thesis/available/etd-10052011-093309/ |