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Project

The norms and practices of the African Union on the promotion of constitutional governance: a legal analysis.

The objective of this research it to examine the norms, policies and practices developed by the African Union related to the promotion of constitutional rule in its member states. The research is in line with an international trend of increased scholarly attention for collective action towards peace, security, stability and democratic state-building in Africa.The research will contribute to a conceptual clarification of the notion of constitutionalism in the particular context of states and societies with a history of military coups and armed conflict and, very often, a lack of widely shared constitutional values. The work also contributes to the scholarship on the role of intergovernmental institutions in fostering political integration.Essentially, the research examines (1) the emerging normative framework of the AU on constitutional rule; (2) the rationale behind it; (3) the implementation of these norms, with particular attention for (i) the enforcement and sanctioning mechanisms (legal, but also political and diplomatic), and (ii) the interplay between the international and domestic legal order.In addition to its academic relevant, the research is also policy-relevant and will allow for more knowledge-based interventions in the area of rule of law promotion. In particular, it will allow for a better understanding of the merits and constraints of top-down legal and political engineering of constitutional rule in africa. The results of this research will contribute to the development of normative guidelines which may be used by policy-makers at national and international level in order to develop a sustainable and coherent culture of constitutional governance.
Date:1 Oct 2014 →  30 Sep 2018
Keywords:AFRICAN UNION, INTERNATIONAL LAW, CONSTITUTIONALISM
Disciplines:Economic development, innovation, technological change and growth, Law