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Article
The Judiciary and Constitutionalism in Transitions: A Critique
Global Jurist (2007)
  • Hakeem O Yusuf, University of Glasgow
Abstract

The article critically analyses the role of the Nigerian courts in mediating resultant tensions in the post-authoritarian transition period. In doing this, I examine jurisprudence emanating from the courts on some serious inter-governmental disputes, as well as decisions bordering on individual and group rights, particularly those connected to the transition process. The dynamics of democratic transition in Nigeria after decades of military rule dictates the inevitability of these disputes. The military left a legacy of systemic distortion and institutional dysfunctions which constitute formidable challenges to the transitioning society. The article argues a case for a purposive jurisprudential approach to resolving the ensuing tensions which typically threaten the viability of the transition.

Keywords
  • Transitional Justice,
  • Judicial Constitutionalism,
  • Rule of Law,
  • Human Rights
Disciplines
Publication Date
Winter 2007
Citation Information
Hakeem O Yusuf. "The Judiciary and Constitutionalism in Transitions: A Critique" Global Jurist Vol. 7 Iss. 3 (2007)
Available at: http://works.bepress.com/hakeem_yusuf/8/