VRÜ Verfassung und Recht in Übersee

In October 2014, a communication was filed to the International Criminal Court (ICC) in The Hague according to Art. 15 Rome Statute.1 Therein, senior officials of the Kingdom of Cambodia are accused of systematic land grabs that could constitute...

In this article, I look at the values of freedom, dignity and equality, as they are founded in the Constitution of the Republic of South Africa, 1996 and consider how they ought to constitutionalise the legal concept of contractual autonomy. I argue...

The United Republic of Tanzania, consisting of the two partners in the Union, Mainland Tanzania (formerly Tanganyika) and Zanzibar, is undertaking comprehensive constitutional reforms. The reform process, once finalised, will replace the current...

The South African Constitution under chapter 9 establishes state institutions that are mandated with the obligation to strengthen the concept of constitutional democracy in the Republic. The Constitution requires that other organs of state, through...

This article reviews issues concerning the way that Uganda ought to be dealing with its past. It examines what a transitional justice process ought to look like, and what its component parts should be. The article examines the rights to justice,...

Twenty one years into its democratic life, modern South Africa faces a number of ‘growing pains’. While the ruling African National Congress (ANC) has decisively won five national elections in a row since 1994, never falling below 62% of the...

Over the past 25 years, migration has surfaced as one of the core features of globalisation to impact on established constitutional democracies from the North (such as Germany) and young constitutional democracies from the South (such as South...

The ongoing debate and consideration of the Protection of State Information Bill (often termed the ‘Secrecy’ Bill or Act) has provided a true test for the post-apartheid South African democracy. Using a case study of that legislation’s period...

The Proposed Constitution is a product of the Constituent Assembly convened by the President of the United Republic of Tanzania to enact the New Constitution upon which Tanzanians would ultimately vote, on a yes or no basis, in a referendum. The...

One of the primary means of democratic subversion is constitutional amendment. In transitional democracies, it is not unusual for the constitution to include substantive constraints on the amending power as a hedge against the polity’s uncertain...