Tackling the Unconstitutional Overthrow of Democracies
Emerging Trends in the Commonwealth
Contributors: Professor John Hatchard, Dr Tunde I Ogowewo
Publication date: 1 January 2003
Size:
210mm x 148mm
ISBN: 978-0-85092-721-4
Pages: 212
There is a rich history of case law within the Commonwealth where there have been legal challenges to the unconstitutional overthrow of governments. These cases and a commentary on them are set out in this publication. It critically examines the evolution of judicial decisions on the subject. In doing so, it also evaluates jurisprudential theories underpinning these judgements.
The position of the Commonwealth is set out, especially its strong stance against the unconstitutional overthrow of governments. Consideration is given to possible constitutional provision which would reinforce democracy and offer protection to citizens against the unconstitutional overthrow of governments.
The position of the Commonwealth is set out, especially its strong stance against the unconstitutional overthrow of governments. Consideration is given to possible constitutional provision which would reinforce democracy and offer protection to citizens against the unconstitutional overthrow of governments.
Contents
Acknowledgements
Introduction
Part I. Coup-Proofing Democracies: The Need for a Proactive Approach
The Role of Law in Eradicating the Culture of Coups
The Implicit Bargain Theory
The Emergence of ‘Dodgy’ Jurisprudence
The Road Map of the Jurisprudence on Coups
The Emergence of the New Jurisprudence
The Need to Refine the Emerging Jurisprudence
The Problem With Collective Action Background to the Fijian Cases
Part II. Constitutional and Other Measures that Directly or Indirectly Address the Problem of Unconstitutional Changes of Government
Fundamental Principles
Part III. Commonwealth Responses
The Impact of the Harare and Millbrook Declarations
Harare Commonwealth Declaration 1991
The Millbrook Commonwealth Action Programme on the Harare Declaration
The Commonwealth Ministerial Action Group on the Harare Declaration (CMAG)
The Future of CMAG
'Realising Millbrook' Report by the Commonwealth High Level Review Group to Commonwealth Heads of Government, Coolum, Australia
Coolum Communiqué 2002
Dealing With Other Serious Violations
The Case of Zimbabwe
Marlborough House Statement on Zimbabwe
Conflict and Resolution: The Role of the Commonwealth Secretary-General
Report of the High Level Review Group
Overview
Introduction
Part I. Coup-Proofing Democracies: The Need for a Proactive Approach
The Role of Law in Eradicating the Culture of Coups
The Implicit Bargain Theory
The Emergence of ‘Dodgy’ Jurisprudence
The Road Map of the Jurisprudence on Coups
The Emergence of the New Jurisprudence
The Need to Refine the Emerging Jurisprudence
The Problem With Collective Action Background to the Fijian Cases
Part II. Constitutional and Other Measures that Directly or Indirectly Address the Problem of Unconstitutional Changes of Government
Fundamental Principles
Part III. Commonwealth Responses
The Impact of the Harare and Millbrook Declarations
Harare Commonwealth Declaration 1991
The Millbrook Commonwealth Action Programme on the Harare Declaration
The Commonwealth Ministerial Action Group on the Harare Declaration (CMAG)
The Future of CMAG
'Realising Millbrook' Report by the Commonwealth High Level Review Group to Commonwealth Heads of Government, Coolum, Australia
Coolum Communiqué 2002
Dealing With Other Serious Violations
The Case of Zimbabwe
Marlborough House Statement on Zimbabwe
Conflict and Resolution: The Role of the Commonwealth Secretary-General
Report of the High Level Review Group
Overview
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