The Court of Justice of the Economic Community of West African States as a Constitutional Court
One of the major innovations made by the Economic Community of West African States (ECOWAS) is the unequivocal granting of a supranational role to the Court of Justice of the organisation. However, its human rights mandate has led to real and potential tensions within the ECOWAS legal order. The te...
Na minha lista:
| Autor principal: | |
|---|---|
| Formato: | Online |
| Idioma: | inglês |
| Publicado em: |
Nomos Verlagsgesellschaft mbH & Co. KG
2021
|
| Assuntos: | |
| Acesso em linha: | OCN: 1303403968 |
| Tags: |
Sem tags, seja o primeiro a adicionar uma tag!
|
| _version_ | 1869524695577001984 |
|---|---|
| author | Bado, Kangnikoé |
| author_browse | Bado, Kangnikoé |
| author_facet | Bado, Kangnikoé |
| author_sort | Bado, Kangnikoé |
| collection | Directory of Open Access Books |
| description | One of the major innovations made by the Economic Community of West African States (ECOWAS) is the unequivocal granting of a supranational role to the Court of Justice of the organisation. However, its human rights mandate has led to real and potential tensions within the ECOWAS legal order. The tensions stem from the legal force of judgements of constitutional courts of member states and the admissibility of individual petitions before the Court. This work identifies some deficiencies in the current regime of the human rights mandate of the Court. Gaps exist at the level of the member states’ constitutional order, as well as at the community level. The supranational competence of the jurisdiction must be implemented by the possibility of ordering concrete measures to be taken by states for the reparation of human rights violations. Innovative solutions are suggested in this work in order to fill procedural and substantial gaps in the protection system established in West Africa. |
| format | Online |
| id | doab-20.500.12854ir-173463 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Nomos Verlagsgesellschaft mbH & Co. KG |
| publisherStr | Nomos Verlagsgesellschaft mbH & Co. KG |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1734632026-03-13T08:36:52Z The Court of Justice of the Economic Community of West African States as a Constitutional Court Bado, Kangnikoé KL-KWX K1-7720 effective protection the principle of subsidiarity Constitutional Court supranational role Economic Community of West African States State liability exhaustion of local remedies ECOWAS binding effect court of justice the obligation of reparation substantive res judicata ECOWAS-Court of Justice Human Rights litigation due process Individual Complaints Procedure Law Constitutional thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general One of the major innovations made by the Economic Community of West African States (ECOWAS) is the unequivocal granting of a supranational role to the Court of Justice of the organisation. However, its human rights mandate has led to real and potential tensions within the ECOWAS legal order. The tensions stem from the legal force of judgements of constitutional courts of member states and the admissibility of individual petitions before the Court. This work identifies some deficiencies in the current regime of the human rights mandate of the Court. Gaps exist at the level of the member states’ constitutional order, as well as at the community level. The supranational competence of the jurisdiction must be implemented by the possibility of ordering concrete measures to be taken by states for the reparation of human rights violations. Innovative solutions are suggested in this work in order to fill procedural and substantial gaps in the protection system established in West Africa. 2021-02-11T10:42:55Z 2021-02-11T10:42:55Z 2019-11-18 10:44:48 2019 book OCN: 1303403968 https://library.oapen.org/handle/20.500.12657/52634 9783748901808 https://directory.doabooks.org/handle/20.500.12854/44193 eng open access Nomos Verlagsgesellschaft mbH & Co. KG Nomos Verlagsgesellschaft mbH & Co. KG https://doi.org/10.5771/9783748901808 https://doi.org/10.5771/9783748901808 20c8b06d-3b2b-4af2-acda-fbcfdfea5744 969f21b5-ac00-4517-9de2-44973eec6874 7d48738a-6759-43c9-974a-c93e736baeb1 9783748901808 Knowledge Unlatched (KU) Max Planck Society (MPG) KU Select 2019: HSS Frontlist Books Nomos Verlagsgesellschaft mbH & Co. KG 357 Knowledge Unlatched Max Planck Society (MPG) MPG 04a0tr310 open access |
| spellingShingle | KL-KWX K1-7720 effective protection the principle of subsidiarity Constitutional Court supranational role Economic Community of West African States State liability exhaustion of local remedies ECOWAS binding effect court of justice the obligation of reparation substantive res judicata ECOWAS-Court of Justice Human Rights litigation due process Individual Complaints Procedure Law Constitutional thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general Bado, Kangnikoé The Court of Justice of the Economic Community of West African States as a Constitutional Court |
| title | The Court of Justice of the Economic Community of West African States as a Constitutional Court |
| title_full | The Court of Justice of the Economic Community of West African States as a Constitutional Court |
| title_fullStr | The Court of Justice of the Economic Community of West African States as a Constitutional Court |
| title_full_unstemmed | The Court of Justice of the Economic Community of West African States as a Constitutional Court |
| title_short | The Court of Justice of the Economic Community of West African States as a Constitutional Court |
| title_sort | court of justice of the economic community of west african states as a constitutional court |
| topic | KL-KWX K1-7720 effective protection the principle of subsidiarity Constitutional Court supranational role Economic Community of West African States State liability exhaustion of local remedies ECOWAS binding effect court of justice the obligation of reparation substantive res judicata ECOWAS-Court of Justice Human Rights litigation due process Individual Complaints Procedure Law Constitutional thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| topic_facet | KL-KWX K1-7720 effective protection the principle of subsidiarity Constitutional Court supranational role Economic Community of West African States State liability exhaustion of local remedies ECOWAS binding effect court of justice the obligation of reparation substantive res judicata ECOWAS-Court of Justice Human Rights litigation due process Individual Complaints Procedure Law Constitutional thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| url | OCN: 1303403968 |
| work_keys_str_mv | AT badokangnikoe thecourtofjusticeoftheeconomiccommunityofwestafricanstatesasaconstitutionalcourt AT badokangnikoe courtofjusticeoftheeconomiccommunityofwestafricanstatesasaconstitutionalcourt |