Students will engage in fundamental debates on policy, legal and development challenges affecting various African regions and address the political and legal differences of the continent by examining regional, sub-regional and case studies. Topics such as political concepts, law in pre-colonial and colonial Africa, the entry and domestication of foreign laws in Africa, governance and the rule of law, justice (are judges „politicians in robes“ or not?), dependency and underdevelopment in Africa, conflict, violence and legal processes, Quo Vadis Africa? This article examines some fundamental features of the relationship between national and international law and policy. Law functions in relation to politics in three fundamental aspects, namely as an end, a means or an obstacle. First, politics may define certain primarily legal values or institutions as its objective. In this case, the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of these same values or institutions. Second, politics can only understand the law as a means of satisfying certain political interests. In this case, the policy is neutral in its attitude towards the law. Finally, politicians may interpret the law as an obstacle to the achievement of certain policy objectives. In this situation, either politics triumphs over the law or vice versa.
In the first case, politics provides its solutions at the expense of the rule of law, while in the second case, the autonomy of the law is preserved by the decisions of the highest courts or by other measures taken by lawyers, intellectuals, associations, organisations and the public to put an end to the illegal acts of political actors. Law and politics create their own images of reality. Sometimes these images overlap, sometimes they differ. Nevertheless, there is something that the law should never include in its scope; namely, the differentiation of opponents according to a purely political criterion. This leads to a strict separation between „our“ and „your“ or, in its most radical expression, a strict separation between friend and foe. When this happens, politics inevitably takes precedence over law and reduces or undermines the autonomy of the rule of law. Alternatively, more than a millennium ago, a polycentric legal system called Xeer developed exclusively in the Horn of Africa, which is still widely used by the Somali people. In this system, elders serve as judges and assist in the mediation of precedent-based cases. [31] Xeer is a good example of how customary law can function in place of civil law and is a good approximation of what is considered natural law. Several researchers have noted that Xeer, while it may be centuries old, has the potential to serve as a legal system for a modern, well-functioning economy. [32] [33] [34] The Xeer also shows how a legal system can influence the development of a culture. According to one report, the Somali nation did not begin with the general use of the Somali language by Somali clans, but with the collective observance of Xeer.
Constitutionalism in Nigeria has been shaken by crisis since independence in 1960. These crises result from issues such as fiscal federalism, corruption, the credibility of elections, tribal politics, ethnic-religious conflicts and contempt for the rule of law. At the heart of these crises is the weakness of democratic institutions, underpinned by mismanagement and a culture of impunity. After nearly three decades of cumulative military rule, the country returned to civilian rule in 1999 under a presidential system of government. Unfortunately, this system is based on a military-style constitution that lacks a fully enforceable Charter of Fundamental Rights and clear governance functions. Given that there is a strong link between the constitution-writing process and their degree of acceptance and effectiveness, questions about the constitution`s legitimacy prompted parliament to amend it in 2010. In reviewing Nigeria`s post-independence constitution, this chapter notes that Nigeria`s military regime has hampered Nigeria`s ability to adequately respond to the challenges of federalism. He argues that the legitimacy of the constitution, while lacking popular sovereignty, is questionable because it is the current law governing the country. The problem with constitutionalism in Nigeria is the lack of leadership and poor implementation of the constitution. He advocates good governance and a participatory approach to constitutional review as the basis for strong constitutionalism in Nigeria. Politics, governance and law form a triangle of issues that define power and energy production. These issues represent a crucial area in African societies and economies, revived by new contemporary forms of youth policies across the continent.
The characteristics of political institutions and networks, local socio-political structures, communities of trust and legal frameworks combine to form models of „political culture“ that can form the basis for the expression of „politics“ and enable people to act in accordance with their values and formulate political preferences and goals. Power and politics are played out at different levels, from the state to the local community, and connect in different registers, both institutional and cultural. The Collaborative Research Unit aims to explore the interactive processes that shape African political and governance models and socio-cultural formations resulting from political communication, competing interests, formal and customary structures, norms and ideas of „group“ and „self“. There is an ongoing need to understand the historicity, long-term trends and contexts of governance and struggle, as well as situated power practices. Comparative theoretical assessment is part of this project, which integrates African case studies into research and debates on global political structures and dynamics. African customary and civil law remains relatively similar to what was left by colonial powers, although the application of these laws varies from country to country. [37] Currently, formal courts play a key role in upholding the primacy of civil or customary law in each country. [38] In the early 1900s, Belgium, Germany, Portugal, and Italy, along with the dominant colonial powers France and Britain, gained political control over many African nations.
After colonization, the British and European empires prioritized the establishment of common law and civil law in their own colonies. [12] In response to this foreign policy, African authorities immediately developed their indigenous practices and customs into a formal legal system, introduced into common law and administered by the newly established indigenous courts. [13] As imported doctrines and codes take precedence in associated metropolises, these efforts have been largely unsuccessful. For example, Kenya abolished its usual criminal laws and retained only marital offences,[28] due to inconsistencies with the British common law system. [29] Nevertheless, Kenya is adept at codifying the laws of different tribes and local communities, not to incorporate them into its current legal system, but to allow for the possibility of translating cultural customs into a more contemporary form. [30] This study examined the role of legislators in combating cruel and criminal money laundering practices through foreign policy in Nigeria.