Understanding the Rule of Law in Africa through the lens of the African Commission on Human and Peoples Rights’ interpretation on the right to development in Africa.

Funmi Abioye

doi:10.5771/0506-7286-2018-2-269

Contents
- Chapter Expand | CollapseAuthorsPage
- 131–132 Titelei/Inhaltsverzeichnis 131–132
- 133–239 Special Issue: Judicial review and democratization in francophone West Africa 133–239
  - 133–139 Judicial review and democratization in francophone West Africa Lisa Heemann, Chadidscha Schoepffer, Anne Winter Lisa Heemann, Chadidscha Schoepffer, Anne Winter 133–139
  - 140–165 Judicial Review and Democratization in Francophone West Africa: The Case of Burkina Faso Anne Winter Anne Winter 140–165
  - 166–190 Judicial Review and Democratization in Francophone West Africa: The Case of Mali Lisa Heemann Lisa Heemann 166–190
  - 191–215 Judicial Review and Democratization in Francophone West Africa: The Case of Senegal Chadidscha Schoepffer Chadidscha Schoepffer 191–215
  - 216–239 Judicial Review and Democratization in Francophone West Africa: The Case of Benin Kangnikoé Bado Kangnikoé Bado 216–239
- 240–287 Abhandlungen / Articles 240–287
  - 240–268 Lessons from the Al-Bashir Debacle: Four Issues for ICJ Clarification Lilian Chenwi, Franziska Sucker Lilian Chenwi, Franziska Sucker 240–268
  - 269–287 Understanding the Rule of Law in Africa through the lens of the African Commission on Human and Peoples Rights’ interpretation on the right to development in Africa. Funmi Abioye Funmi Abioye 269–287
- 288–291 Buchbesprechungen / Book Reviews 288–291
  - Olaf Köndgen, The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr, Studies in Islamic Law and Society, Volume 43, Brill, Leiden, 2018, 480 pages,149 Euro, ISBN 978-90-04-34743-4
- 292–300 Bibliographie / Bibliography 292–300
  - 292–292 RECHT UND ENTWICKLUNG ALLGEMEIN / LAW AND DEVELOPMENT IN GENERAL 292–292
  - 292–293 AFRIKA /AFRICA 292–293
  - 294–295 ASIEN /ASIA 294–295
  - 296–297 LATEINAMERIKA / LATIN AMERICA 296–297
  - 298–300 NAHER UND MITTLERER OSTEN / NEAR AND MIDDLE EAST 298–300
- 301–301 Call for Papers 301–301
- 302–302 Impressum 302–302
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VRÜ Verfassung und Recht in Übersee , page 269 - 287

Understanding the Rule of Law in Africa through the lens of the African Commission on Human and Peoples Rights’ interpretation on the right to development in Africa.

Autoren

Funmi Abioye

DOI
- doi.org/10.5771/0506-7286-2018-2-269
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

The right to development has evolved over the years, and in the African context, is viewed as a legal right that ensures that the people are part of the development process. The unpacking of the content and application of this right by the African Commission on Human and Peoples Rights has gone a long way in enumerating what exactly this right means to Africans. The jurisprudence of the African Commission shows that the commission has adopted a bottom-up approach to the right to development. An approach that focuses on the participation of the people in their own development plans and initiatives, in order to capacitate themselves in their own development. It focuses on what the people can do to foster their own development, rather than on what external sources can do. In terms of the rule of law, it is clear that for law to be able to work and function among the people, it has to be legitimate. There must be a sense of ownership by the people, an identification by the people whom the law seeks to govern, that they are bound by the very law. Thus such law must come from within, and not be imposed externally. This article seeks to draw from the African Commission’s grassroots approach to the right to development in Africa, in order to further our understanding of the rule of law in Africa, and the way in which our laws are actually meant to be products of the society. In doing this, the article will investigate how the unpacking of the right to development by the African Commission can be used to interpret and enhance our understanding and application the rule of law in Africa.
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