Workshop on the Rule of Law in West-Africa-Saint Louis, Dakar
Background
Central to the concept of the rule of law is the idea that society as a whole must be governed by a system of just laws. In particular, the exercise of public power by state agents must be constrained by clearly defined, stable, and predictable laws that guarantee and protect fundamental rights, provide for tansparent government, as well as order and security. Democratic constitutions are the bedrock of a proper rule of law system, establishing the standards against which public action is measured.
In modern societies, the judiciary has become the key institutional oversight mechanism for safeguarding, and promoting the rule of law. Courts— in particular, constitutional and supreme courts— play a central role in this process. Through the process of judicial review, they constrain public power by ensuring that government action complies with constitutional standards.
In West Africa, as eslewhere around the world, a crucial element of the rule of law, therefore, is the doctrine of constitutional supremacy enforced by independent judicial bodies. This has worked to an considerable degree in some contexts in the region (Benin, Ghana, Nigeria). In others, the effectiveness of these institutions has often been constrained. This is due in part to a prevailing political culture that has reduced the judiciary to the ‘handmaiden’ of political actors, as well as inadequate training and exposure to regional best practices.
The Rule of Law Project initiated by the Hanns Seidel Foundation West Africa aims to bridge this gap through strengthening regional judicial strengthening regional dialogue between constitutional courts, civil society, legal practitioners and academics. The objective is to promote the rule of law and consolidate constitutional governance in West Africa countries.
Being implemented by the Hanns Seidal Foundation West Africa, the International Institute for Democracy and Electoral Assistance (International IDEA), the African Network of Constitutional Lawyers (ANCL), the Justus Liebig University of Giessen, and the Centre for Global Cooperation Research the first output of the project is a comparative manual that provides an overview –Law on the Books— of the constitutional framework for judicial review systems in Anglophone, francophone and lusophone Africa (due in 2015).
Based on a series of dialogues between Constitutional and Supreme Court judges, civil society and legal practitioners, the second phase of the project looks at the law in action through exchanges and experience sharing between Constitutional and Supreme Court judges as well as legal practitioner in the region. The exchanges will provide a basis for a second publication that focuses on the law in action in West Africa in order to promote a reform of the judicial systems to enable them to tackle the crucial problem of the democracy in Africa.
The Workshop and objectives
The Workshop on the Rule of Law in West Africa, organised by the partners as part of the implementation of the project provides a platform to:
- Present and review the preliminary findings of the manual on the ‘law on the books’ and invite primary country researchers, key regional stakeholders and experts to input into the manual and overall project
Programme
Day 1 6 Nov 2014
08:30—09:00: Welcome note/Introduction of Participants
09:00—17:00: Presentations of preliminary findings of the comparative manual on the constitutional framework for judicial review systems in West Africa
09:00-09:30 Overview of the Rule of Law Project
- Ralph Wittek – HSF West Africa
Overview of the Draft Manual: Structure and Approach
- Markus Boeckenfoerde-CGCR
09:30-:11:30 Historical background of constitutional Justice in West Africa and models of constitutional review in contemporary West Africa –Prof Babacar Kante & Yuhniwo Ngenge
Discussants: Prof Isaac Yankhoba NDIAYE
Christiane Roth (HSF)
Bado Kangi (Togo/University of Gissen)
Prof Kwasi Prempeh (Ghana/Law School-Seton Hall University)
Chair: Dr. Abou Jeng Centre for Global Cooperation Reserach
11:30- 11:45 Coffee breaks
11:45-13:00 (Discussions from preceding session two continue)
13:00- 14:00 Break for Lunch
14:00-16:00 Constitutional framework for the independence, and the competence of judicial review institutions in West Africa –Markus Boeckenforde & Prof Babacar Kante
Discussants: Prof Joel Frederic Aivo: (University of Abomey, Benin)
Prof. Dodzi Kokoroko: (Centre for Public Law Togo)
Abou Jeng: (Gambia/Centre for Global Cooperation Research)
Chair: Prof Ameze Guobadia (Nigeria)
16:00-16:15 Coffee break
16:15 -17:15 (Discussions from preceding session three continue)
17:15-17:30 Summary of key takeaway points/inputs and closing
Day 2 – 7 Nov 2014
Presentations of preliminary findings of the comparative manual on the constitutional framework for judicial review systems in West Africa
09:00-11:30 Types of Constitutional Review and Authority of the constitutional judgment of jurisdictions in West Africa— Yuhniwo Ngenge, Markus Boeckenfoerde and Prof B Kante
Discussants: Lisa Heemann (University of Giessen)
Bado Kagni (Togo)
Milton Paiva (Cape Verde)
Omar Hamady (Mauritania)
Chair: Dr. Stéphane Monney Mouandjo (CAFRAC)
11:30-11:45 Coffee break
11:45-13:00 (Discussions from preceding session three continue)
13:00—14:00 Lunch break
14:00—16:00 Standing, composition and control of constitutional jurisdictions in West Africa –Prof Babacar kante & Markus Boeckenfoerde
Discussants: H.E Larba Yarga (Fmr Minister of Justice/Burkia Faso)
Omar Hamady (Researcher/Mauritania)
Prof. Stephane Monney Mouandjo (CAFRAD)
Prof. Ameze GuoBa
Chair: Ralf Wittek (HSF) TbC
16:00—16:15 Coffee beak
16:15—17:15 (Discussions from preceding session three continue)
17:15—17:30 Summation, vote of thanks and closing
Comments/Questions?