Judicial Power Principles in the Constitutions of African States

Aleksej P. Treskov; Ella Z. Jamil; Alevtina E. Novikova; Valery N. Samsonov; Sergey S. Zakharov

Aleksej P. Treskov Federal State Budgetary Educational Institution of Higher Education Rostov state University of railway engineering.
Ella Z. Jamil Federal State Budgetary Educational Institution of Higher Education Belgorod State University
Alevtina E. Novikova Federal State Budgetary Educational Institution of Higher Education Belgorod State University
Valery N. Samsonov Federal State Budgetary Educational Institution of Higher Education Belgorod State University
Sergey S. Zakharov Office of the Judicial Department in the Krasnodar territory

Abstract

The objective of the research was to study the principles of the judiciary in the constitutions of some African states. The modern constitutional development of African states is mediated by the complex history of the continent, as well as by ongoing political processes. The emergence of basic laws in these states has become the basis not only for the establishment of constitutionalism, but also for the establishment and functioning of key public authorities. According to the functional division of state power, the organization and activities of the judicial authorities are inalienable. The source of such institutionalization and organization, of course, is its constitutions. In this sense, in the framework of this work, attention is paid to research to the analysis of the principles of the judiciary in the constitutions of African states. Formal-legal, linguistic-legal and comparative-legal methodology were used, which were used together to identify the principles of the judiciary. It is concluded that the analysis carried out showed that most of the constitutional principles sought are formalized in the special structural parts of the constitutions dedicated to the court of various instances.

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Author Biographies

Aleksej P. Treskov, Federal State Budgetary Educational Institution of Higher Education Rostov state University of railway engineering.

Professor in Federal State Budgetary Educational Institution of Higher Education Rostov state University of railway engineering.

Ella Z. Jamil, Federal State Budgetary Educational Institution of Higher Education Belgorod State University

Professor in Federal State Budgetary Educational Institution of Higher Education Belgorod State University

Alevtina E. Novikova, Federal State Budgetary Educational Institution of Higher Education Belgorod State University

Professor in Federal State Budgetary Educational Institution of Higher Education Belgorod State University

Valery N. Samsonov, Federal State Budgetary Educational Institution of Higher Education Belgorod State University

Professor in Federal State Budgetary Educational Institution of Higher Education Belgorod State University

Sergey S. Zakharov, Office of the Judicial Department in the Krasnodar territory

Employee in Office of the Judicial Department in the Krasnodar territory

References

BURLEY, Anne-Marie; WALTER, Mattli. 1993. “Europe Before the Court: A Political Theory of Legal Integration” In: International Organization. Vol. 47, No. 1, pp. 41-76.

CARRUBBA, Clifford J. 2005. “Courts and Compliance in International Regulatory Regimes” In: Journal of Politics. Vol. 67, No. 3, pp. 669-689.

MAKOGON, Boris V; MARKHGEYM, Marina V; MINASYAN, Anna A; NOVIKOVA, Alevtina E; YARYCHEV, Nasrudi U. 2019. “Logical classification of legal procedural restrictions” In: Revista Inclusiones. Vol. 6, pp. 392-401.

MOLOT, Jonathan T. 2004. “Principled Minimalism: Restriking the Balance between Judicial Minimalism and Neutral Principles” in: Virginia Law Review. Vol. 90, No. 7, pp. 1753-1847.

PASHKOV, R.V. 2018. The Constitution of African countries. M. Collected Book. Vol. 3. Moscow, Russia.

THE CONSTITUTIONS OF KINGDOM OF COTE D'IVOIRE. 2016. Available online. In: https://www.constituteproject.org/constitution/Cote_DIvoire_2016.pdf?lang=en. Date of consultation: 14/01/2020.

THE CONSTITUTIONS OF KINGDOM OF Mali. 1992. Available online. In: http://www.wipo.int/edocs/lexdocs/laws/en/ml/ml004en.pdf. Date of consultation: 14/01/2020.

THE CONSTITUTIONS OF KINGDOM OF MAURITANIA. 2012. Available online. In: https://www.constituteproject.org/constitution/Mauritania_2012.pdf?lang=en. Date of consultation: 14/01/2020. Date of consultation: 14/01/2020.

THE CONSTITUTIONS OF KINGDOM OF MOROCCO. 2011. Available online. In: https://www.constituteproject.org/constitution/Morocco_2011?lang=en. Date of consultation: 14/01/2020.

THE CONSTITUTIONS OF KINGDOM OF THE DEMOCRATIC REPUBLIC OF THE CONGO. 2005. Available online. In: https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011.pdf?lang=en. Date of consultation: 15/01/2020.

THE CONSTITUTIONS OF THE COMOROS. 2018. Available online. In: https://www.constituteproject.org/constitution/Comoros_2018?lang=en#1. Date of consultation: 15/01/2020.

TRESKOV, Aleksej P. 2019a. “Structural Integration of the Constitutional Judicial power principles: Eastern European Experience” In: Socio-political sciences. (Social'no-politicheskie nauki). Vol. 9, No. 2, pp. 95-98. (In Russian)

TRESKOV, Aleksej P. 2019b. “Specialization of the judicial power principles in the constitutions of African states” In: Gaps in Russian law. No. 5, pp. 36-39. (In Russian)

ZAKHAROV, Sergey; CHEMSHIT, Alexander; NOVIKOVA, Alevtina; STUS, Nina; ZAJCEVA, Tatiana. 2019. “Justice independence: foreign constitutional experiences” In: Revista Dilemas Contemporáneos: Educación, Política y Valores. Vol 6, No. 3, pp. 122-143.