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Constitutional Adjudication in Africa edited by Fombad, Charles M (31st August 2017)

Part 3 The Impact of Transjudicialism on Constitutional Adjudication, 10 The Impact of Regional and Sub-regional Courts and Tribunals on Constitutional Adjudication in Africa

Bonolo Ramadi Dinokopila

From: Constitutional Adjudication in Africa

Edited By: Charles M Fombad

National courts have, over the years, made reference to the jurisprudence of regional and sub-regional bodies when adjudicating constitutional disputes. However, insufficient attention has been paid to the extent to which such decisions have influenced the outcome of cases at the national level. This is mainly because such an exercise is often ignored in favour of the more usual discourse on the monist and dualist international law debate. Another factor that encourages such indifference to the influence of such jurisprudence may be the fact that it is usually...
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