About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Int'l Comp., Policy & Ethics L. Rev. 77 (2018-2019)
Constitutional Coups as a Threat to Democratic Governance in Africa

handle is hein.journals/icpelr2 and id is 87 raw text is: CONSTITUTIONAL COUPS AS A THREAT TO DEMOCRATIC GOVERNANCE IN AFRICA John Mukum Mbakut TABLE OF CONTENTS I. INTRODUCTION .............................................78 II. DEALING WITH THE MILITARY COUP AS A FORM OF UNCONSTITUTIONAL REGIME CHANGE IN AFRICA ...... ........82 A. Introduction ...................................82 B. Evolution of OAU/AUPolicy Toward Unconstitutional Regime Change........................... 85 C. The OAU/A U and Unconstitutional Regime Change.....87 III. THE AFRICAN UNION AND THE EVOLUTION OF THE RESPONSIBILITY To PROTECT DOCTRINE .....................................98 A. Introduction ...................................98 B. Evolution ofResponsibility to Protect....... ......... 100 C. The African Union: From Non-Intervention to Responsibility to Protect ....................................102 1. The Responsibility to Protect (R2P): Unanimous Political Commitment to Act to Prevent International Crimes ... 106 2. Remembering the OAU and Its Failure to Protect........108 3. The African Union and R2P .................... 110 3.1 The AU's Peace and Security Council and R2P.....114 3.2 NEPAD and R2P .........................116 3.3 Continental Judicial Institutions ....................117 3.4 The Ezulwini Consensus ...................120 IV. THE OAU AND THE AU AND THEIR EXPERIENCES WITH NON- INTERFERENCE AND NON-INDIFFERENCE .....................121 A. The OAU and the Principle ofNon-Interference ............... 122 B. The African Union and the Principle of Non-Indifference. 129 t John Mukum Mbaku is Brady Presidential Distinguished Professor of Economics & John S. Hinckley Research Fellow at Weber State University (Ogden, Utah). He is also a Nonresident Senior Fellow at the Brookings Institution, Washington, D.C., and an Attorney and Counselor at Law (licensed in the State of Utah). He received a J.D. degree and Graduate Certificate in Environ- mental and Natural Resources Law from the S.J. Quinney College of Law, University of Utah, where he was Managing Editor of the Utah Environmental Law Review, and a Ph.D. (economics) from the University of Georgia. This article reflects only the present considerations and views of the author, which should not be attributed to either Weber State University or the Brookings Insti- tution. 77

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most