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What is Constitution

Chapter 8
Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies
The fundamental laws that regulate the affairs of a nation or an organization.
Published in Chapter:
Access to Justice and Legal Representation in Nigeria: Commentaries on the Experiences of Human Rights Lawyers
Oluwaseun Olanrewaju (Academics Stand Against Poverty, Nigeria) and Sunday Onuegbu (Renascence (Legal Practitioners and Arbitrators), Nigeria)
Copyright: © 2021 |Pages: 14
DOI: 10.4018/978-1-7998-7898-8.ch008
Abstract
In 2009, the Fundamental Rights Enforcement Procedure (FREP) Rules of 1979 was revised to ease the cumbersome process encountered by applicants/lawyers in advocating for the enforcement of fundamental human rights in court. Despite this, human rights lawyers still encounter several challenges when representing applicants for the enforcement of fundamental human rights in court. This chapter examines these challenges and adopts primary research method. Data were gathered from human rights lawyers via video conferencing platforms: Skype and Zoom. Findings reveal that issues of procedural rules of court and disrespect for court orders are some of the challenges encountered by human rights lawyers. The chapter recommends that judges should avoid placing unnecessary emphasis on the procedural rules of court. In addition, human rights lawyers and non-governmental organizations (NGOs) should maintain continuous advocacy for the enforcement of fundamental human rights towards holding government and its agencies more accountable for disrespect of court orders.
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Chapter 1
The New Paths of Fundamental Rights in the 21st Century: Globalization and Knowledge in a Digital Age as a Proposal
Maximum document of a political community, with two basic functions: the need to order, limit, and legitimize political power (social pact); and to recognize, constitutionalize and guarantee the rights and freedoms of individuals (declaration of rights). Through constitutions the political community defines its common goals, creates its institutions, establishes the limits to the exercise of powers and reveals its system of values. The current functions of the Constitution are the construction of the political and legal unity of a State. In this sense, the constitution is intrinsic to the ontic figure of sovereign state. The Constitutions legitimize themselves in a substantive and formal plane: conditioning the power to the pursuit of the ends and to the respect of principles (among them the one of the guarantees of the fundamental rights) and, linking its exercise to the observance of democratic rules.
Published in Chapter: The New Paths of Fundamental Rights in the 21st Century: Globalization and Knowledge in a Digital Age as a Proposal; From: Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society
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Chapter 3
Advancing Arguments for Freedom From Discrimination: The Case for Sexual Minorities
The foremost law of a country which binds the government and the governed, and denotes the duties and rights of both, respectively.
Published in Chapter: Advancing Arguments for Freedom From Discrimination: The Case for Sexual Minorities; From: Global Perspectives on the LGBT Community and Non-Discrimination
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Chapter 11
The Role of the Constitution in Establishing Legality in the State
An aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity and commonly determine how that entity is to be governed.
Published in Chapter: The Role of the Constitution in Establishing Legality in the State; From: Global Dimensions of Democracy and Human Rights: Problems and Perspectives
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Chapter 6
Constitutional Knowledge, Rights-Based Development, and Citizenship in Zimbabwe: Past, Present, and Future
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Chapter 3
Rethinking Democratic Governance in African Politics
A supreme set of rules which governs a nation.
Published in Chapter: Rethinking Democratic Governance in African Politics; From: Democratization of Africa and Its Impact on the Global Economy
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Chapter 9
The Capture of Traditional Leaders by Political Parties in Zimbabwe for Political Expediency
A set of basic laws or principles for a country that describe the rights and duties of its citizens and the way it which it is governed.
Published in Chapter: The Capture of Traditional Leaders by Political Parties in Zimbabwe for Political Expediency; From: Civic Engagement in Social and Political Constructs
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Chapter 26
A New Framework for Politics, Law, and Government in the Digital Era: A Judge-Based Political System
It is a fundamental principle that establishes the legal basis for the organization and citizens.
Published in Chapter: A New Framework for Politics, Law, and Government in the Digital Era: A Judge-Based Political System; From: Handbook of Research on Digital Violence and Discrimination Studies
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Chapter 6
Ethnic Conflicts and Peacebuilding in Georgia
The fundamental principles and the highest laws of a state, which determine the powers and duties of the government structures and guarantee human rights.
Published in Chapter: Ethnic Conflicts and Peacebuilding in Georgia; From: Handbook of Research on Ethnic, Racial, and Religious Conflicts and Their Impact on State and Social Security
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Chapter 15
Application of Isenberg Model for Entrepreneurial Ecosystems as a Blueprint for Zimbabwe Socio-Economic Devolution
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