Rule of Law

A Venue or a Decision Maker? The Constitutional Function of African Regional Courts

While exercising constitutional function, one  may suggest the use of some avoidance tactics discussed here. Doing justice in individual case might require court orders with robust remedies. How to master the splits? Clearly, the book does not only answer such pertinent research questions, it also opens new fields for research. It is a must read for everybody interested in regional integration, constitutional law and access to justice in Africa.

Exchange of Information and the Rule of Law: Confidentiality and safeguards for the automatic processing of data in a world of big data

Developed and developing countries have committed to implement global standards as developed by the OECD with the political mandate of the G20 including standards that provide for exchange of information among tax administrations. Some of  the reasons for this exchange to take place, is the need to provide tax administrations with the relevant information on taxpayer’s activities/assets abroad, as well as to ensure that taxpayers including multinationals pay their fair share of taxation. Exchange of information is the key instrument for tax administrations in order to prevent tax evasion, tax fraud, and aggressive tax planning.

EACJ First Instance Court Decides Martha Karua v Republic of Kenya: The Litmus Test for EACJ Jurisdiction and Supremacy

The intervener in her classical procedural technicalities attack strategy at the domestic level, argued that the court lacked jurisdiction over a decision of the apex court of a partner State. She argued that the EACJ could not exercise appellate jurisdiction over a decision by the Kenyan Supreme Court. The court ruled that this argument would fail as the Court had jurisdiction over States for the State’ internationally wrongful acts of any of its State organs including the judiciary.