Tackling the unconstitutional overthrow of democracies

Hatchard, John and Ogowewo, Tunde I. (2003). Tackling the unconstitutional overthrow of democracies. Commonweath Secretariat, p. 175.

URL: http://publications.thecommonwealth.org/publicatio...

Abstract

There is a rich history of case law within the Commonwealth where there have been legal challenges to the unconstitutional overthrow of Governments. These cases and a commentary on them are set out in this publication. It critically examines the evolution of judicial decisions on the subject. In doing so, it also evaluates jurisprudential theories underpinning these judgements. The position of the Commonwealth, especially since its strong stance against the unconstitutional overthrow of Governments, is set out. Consideration is given to possible constitutional provision which would reinforce democracy and offer protection to citizens against the unconstitutional overthrow of Governments.

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