Tackling the Unconstitutional Overthrow of Democracies

Emerging Trends in the Commonwealth

Paperback: £40.00
978-0-85092-721-4

Tackling the Unconstitutional Overthrow of Democracies

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.

ContentsExpand or collapse me
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