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UNCONSTITUTIONAL CHANGE (2) answer(s).
 
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ID:   157771


In the Service of Democratic Governance: the African Union Normative Framework on Unconstitutional Change of Government and ECOWAS Protocol on Good Governance and Democracy in the Post-Arab Spring / Bamidele, Oluwaseun ; Ayodele, Bonnie   Journal Article
Bamidele, Oluwaseun Journal Article
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Summary/Abstract For the crafters and drafters of the African Union’s (AU) Constitutive Acts particularly the Addis Ababa Charter and the Lomé Declaration of July 2000 and the Economic Community of West African States’ (ECOWAS) Protocol on Good Governance and Democracy, the novel idea was to provide a regional, sub-regional, platform of support to democratic governments and also deter any forms of unconstitutionalism. However, recent events have put to the test the political capacity of these organisations to uphold the sanctity of the normative framework and the protocol supportive of democratic processes. In the case of the AU, the outburst of revolutionary movements in the north African region provided a platform for a thorough assessment of the AU’s Normative Frameworks related to constitutionalism and democracy. While it was accepted that the case of Tunisia followed the democratic process, the Egyptian and Libyan cases were seen as a negation of the principles of the framework.Likewise,in the case of the ECOWAS, there were myriads of problems that tested the organisation’s democratic credentials. For instance, Guinea Bissau experienced two coup d’états in two years (2009 and 2012), Guinea in December 2008; Niger in March 2010; and Burkina Faso in 2015. The AU and ECOWAS have been challenged and pulled along by two parallel but not equal forces: the need to ensure respect for the principle of total rejection of unconstitutional changes of government, and the necessity to recognise the reality on the ground. This study therefore employs both historical and comparative methodologies to assess the roles of these organisations in being true to the values of democracy as contained in their normative framework and the protocol, as well asalso examines the challenges faced in the context of the situations in Libya, Mali and Guinea Bissau.
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2
ID:   111541


On unconstitutional changes of government: the case of the National Transitional Council of Libya / Maru, Mehari Taddele   Journal Article
Maru, Mehari Taddele Journal Article
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Publication 2012.
Summary/Abstract This short paper discusses the North African uprisings that led to the change of leadership in Tunisia and Egypt, and the issues surrounding the recognition of the National Transitional Council (NTC) of Libya by the African Union (AU) after the killing of Muammar Gaddafi. In doing so, the paper analyses the uprisings in North Africa vis-à-vis the AU normative frameworks related to unconstitutional changes of government and democratic constitutionalism. The implications of these AU policies on the recognition of the NTC and how the AU recognised the NTC afterwards is also discussed. Finally, some recommendations are made with regard to how the AU should deal with similar uprisings in Africa in the future.
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