The Potential of the Xeer for the Somali Legal System

ANALYSIS René Brosius 26 November 2021 Somalia is considered the prototype of a legally pluralistic environment. Nevertheless, the proper handling of legal diversity has not yet succeeded. While traditional finding of law remained essentially untouched during the colonial period, there have been various attempts to incorporate the Xeer and religious law into a state legal…

Legitimacy, Public International Law and Intractable Problems

November 2021: African Law Week

In November 2021, the Chair for African Legal Studies is hosting a conference on the Continuous Search for Coherence in Africa’s Plural Legal Systems. From November 17th-20th several coloqiums will be held as well as lectures. Everyone is kindly invited to join the conference and take part in exciting debates.

Light and Shadow in Somalia – How Ahlu Sunna Waljama’a and the Elections are Connected

ANALYSIS René Brosius 12 November 2021 The latest news from Somalia could not be contradictory. On the one hand, the first democratic “one person, one vote” elections since 1969 took place in Puntland, the semi-autonomous state in north-eastern Somalia, on 25 October 2021; on the other hand, there was bloody fighting in central Somalia. Admittedly,…

Writing and Publishing as Early Career Researchers

COMMENT Lea Mwambene 12 November 2021 The motivation to publish academic work, requires discipline to ensure that the final output remains the ultimate goal. An invisible tension that often rattles or torments doctoral candidates, is publishing from their doctoral research studies as early career researchers. It is also conversely true that to some, it is…

The Contingent Role of the Basic Structure Doctrine for Constitutionalism in Africa

ANALYSIS Berihun Gebeye 05 November 2021 Kenyan courts’ use of the basic structure doctrine to strike down President Uhuru Kenyatta’s the Constitution of Kenya Amendment Bill 2020 as unconstitutional has attracted many reactions both in Kenya and abroad. We have seen extremely rich arguments about the basic structure doctrine in Kenya both in the High…