The eradication of domestic expediency by the African court on human and peoples' rights : lessons from Europe.
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Date
2003
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Abstract
The proposed African Court on Human and Peoples' Rights is an important
development in the history of Africa. For the first time, there will be a regional
judicial mechanism for the adjudication of human rights issues. The difficulty
may lie in the manner in which the Court applies its discretion in relation to
the doctrine of margin of appreciation and derogations. As a subsidiary body
that has a power of review, the Court must tread warily when applying these
principles. Lessons may be learnt from the well established European Court of
Human Rights which has applied and developed the doctrine of margin of
appreciation and has had occasion to examine the manner and extent of
derogations from the European Convention. Applying this knowledge in an
African context is important, but there must be discretion in that application
that takes the particular circumstances of Africa into account.
Description
Thesis (LL.M.)-University of Durban-Westville, 2003.
Keywords
Domestic--Law and legislation--Europe., Theses--Law.