Enonchong, Laura-Stella (2013) The problem of systemic violation of civil and political rights in Cameroon : towards a contextualised conception of constitutionalism. PhD thesis, University of Warwick.

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Abstract

Post-independent Cameroon has grappled with the problem of systemic violation of civil
and political rights (CPR) despite a transition from single party dictatorship to multiparty
democracy in the 1990s. Various legislative measures including the adoption of a
supposedly ‘rights friendly’ constitution in 1996 have done little to ameliorate that
problem.
This thesis adopts a concept of constitutionalism, based on contemporary international
standards, to analyse the problem of CPR violations from the perspective of the
constitutional arrangements in Cameroon. It examines the system of separation of
powers, the method of securing judicial independence and the mechanisms for judicial
review. The argument is made that the problem can be attributed in part to the
predominant influence of the French civil law system in Cameroon’s bijural legal system.
Although for historical reasons, Cameroon operates both the English common law and
the French civil law, constitutional developments have continued to be influenced by the
latter which lends itself to practices that are not sufficiently supportive of
constitutionalism as defined herein.
The thesis, however, goes further to explore how the constitutional system could be
reinforced to provide a more conducive framework for the protection and enhancement of
CPR. Drawing on two strands of arguments, one highlighting features of the common law
system that can be more supportive of constitutionalism and the other which highlights
the value of indigenous antecedents of constitutionalism, the thesis proposes the
development of a contextual model which is more reflective of Cameroon’s peculiar legal
and socio-political circumstances. It proposes what is described as an Optimal Integrative
Approach (OIA) as a framework for developing a contextual model, more conducive for
the protection and enhancement of CPR in Cameroon.

Item Type:	Thesis or Dissertation (PhD)
Subjects:	J Political Science > JC Political theory K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica
Library of Congress Subject Headings (LCSH):	Human rights -- Cameroon, Civil rights -- Cameroon, Cameroon -- Politics and government -- 1960-, Constitutional law -- Cameroon, International law and human rights -- Cameroon
Official Date:	January 2013
Dates:	Date Event January 2013 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Williams, Andrew, 1961-
Sponsors:	Warwick Postgraduate Research Scholarship
Extent:	xxiii, 328 leaves.
Language:	eng

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