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The judiciary and constitutionalism in transitions : a critique

Yusuf, Hakeem (2007) The judiciary and constitutionalism in transitions : a critique. Global Jurist, 7 (3). pp. 1-47.

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Abstract

The article critically analyses the role of the Nigerian courts in mediating resultant tensions in the post-authoritarian transition period. In doing this, I examine jurisprudence emanating from the courts on some serious inter-governmental disputes, as well as decisions bordering on individual and group rights, particularly those connected to the transition process. The dynamics of democratic transition in Nigeria after decades of military rule dictates the inevitability of these disputes. The military left a legacy of systemic distortion and institutional dysfunctions which constitute formidable challenges to the transitioning society. The article argues a case for a purposive jurisprudential approach to resolving the ensuing tensions which typically threaten the viability of the transition.

Item type: Article
ID code: 40738
Keywords: transitional justice, judiciary, human rights, constitutionalism, critique, Law
Subjects: Law
Department: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
Related URLs:
    Depositing user: Pure Administrator
    Date Deposited: 03 Aug 2012 15:59
    Last modified: 03 Aug 2012 15:59
    URI: http://strathprints.strath.ac.uk/id/eprint/40738

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