Endogenous and Exogenous Limits of the African Charter on Democracy, Elections and Governance Cover Image
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Endogenous and Exogenous Limits of the African Charter on Democracy, Elections and Governance
Endogenous and Exogenous Limits of the African Charter on Democracy, Elections and Governance

Author(s): Marek Jan Wasiński
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Instytut Nauk Prawnych PAN
Keywords: The African Charter on Democracy; elections and governance; rule of law; interpretation of treaties

Summary/Abstract: This article analyses the capacity of the African Charter on Democracy, Elections and Governance to counteract the democratic governance shortfall. It argues that the tangible impact of the treaty on the states’ practice has been limited by various endogenous and exogenous factors. The former are identifed as directly linked to content of the document and refer to the accuracy of the drafting. The latter are rooted outside the text and beyond the character of the Charter and include issues relating to the states’ reluctance to ratify the document, certain constitutional constraints undermining implementation on the national level, and the weak international guarantees of enforcement.

  • Issue Year: 2018
  • Issue No: 38
  • Page Range: 29-57
  • Page Count: 29
  • Language: English