Rule of Law and African Development

North Carolina Journal of International Law, Forthcoming

Posted: 28 Aug 2017 Last revised: 17 Sep 2017

See all articles by Joseph M. Isanga

Joseph M. Isanga

Concordia University School of Law

Date Written: August 26, 2016

Abstract

The Article argues that, to the extent that the Rule of Law promotes accountability and political stability, Africa’s economic growth needs to be premised on the recognition of the intrinsic and inseparable relationship as well the synergy between the Rule of Law and sustainable economic growth, and that African law as well as judicial institutions are not living up to this proposition. The article defines the Rule of Law and presents counterarguments to the proposition that adherence to the Rule of Law is a necessary (although not sufficient) condition for sustainable development. It also presents a critical analysis of African law, including the Constitutive Act of the African Union, the African Charter on Human and Peoples’ Rights, the African Charter on Democracy, Elections and Governance, as well as the jurisprudence of African judicial institutions such as the African Court of Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and sub-regional judicial institutions such as the tribunals of the South African Development Community, the Economic Community of West African States, and the East African Community. In addition, the Article considers jurisprudence from select African countries, including South Africa, Botswana, Uganda, Kenya, and Zimbabwe.

Keywords: Rule of Law, African Development

Suggested Citation

Isanga, Joseph, Rule of Law and African Development (August 26, 2016). North Carolina Journal of International Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3021292

Joseph Isanga (Contact Author)

Concordia University School of Law ( email )

501 W. Front St
Boise, ID 83702
United States
208-639-5411 (Phone)

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