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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The African Union, constitutionalism and power-sharing
Author:Vandeginste, StefISNI
Year:2013
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:57
Issue:1
Pages:1-28
Language:English
Geographic term:Africa
Subjects:African Union
constitutionalism
power-sharing
constitutional reform
governance
Link:http://ejournals.ebsco.com/direct.asp?ArticleID=43B591B9A54841D0F22F
Abstract:Over the past decade, the African Union has put in place a normative framework to promote constitutional rule and, in particular, orderly constitutional transfers of power in its member states. Its Peace and Security Council opposes unconstitutional changes of government, including through the use of sanctions. The PSC systematically advocates a return to constitutional order, in particular through free and fair elections, as a remedy for unconstitutional changes of government. However, while opposing unconstitutional means of obtaining or transferring power, the AU has been generally supportive of the use of power-sharing agreements as an instrument of negotiated conflict settlement. Most power-sharing agreements do not accord with the prevailing constitutional order. This dual policy, of opposing certain types of unconstitutional change of government while advocating power-sharing agreements, poses an obvious challenge for the consistency of AU policy. Notes, ref., sum. [Journal abstract]
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