Will Ghana’s Supreme Court toss Africa’s newest anti-gay law?

In Ghana, identifying as LGBTIQ+ and engaging in certain related activities will soon be prohibited.[1] This is if Human Sexual Rights and Family Values Bill 2024, enacted by the Ghanaian…

The Wheels of Change of Constitutional Law and Constitutionalism in Africa – The BBI Court of Appeal Judgment in Kenya

ANALYSIS Jan Maina 07 January 2022 The Kenyan Constitutional Civil Appeal Case of Independent Electoral and Boundaries Commission & 4 others v David Ndii & 82 others[2021] commonly referred to…

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…

Insights and Additional Information on the Socio-Legal Discourse around Anti-Racism

Intersectionality as a Key Concept for the Protection Against Multiple Discrimination The concept of intersectionality takes into account the interpenetration of various identity categories like race, gender, class, sexuality and…

Constitutionalism in a Time of Corona

COMMENT Prof. Dr Thoko Kaime 26 February 2021 Constitutionalism, the idea that officials must necessarily be circumscribed by institutions that restrict the exercise of state power; continues to face tremendous…

Land Rights in South Africa – Constitutional Law, Apartheid and Gender Inequality

ANALYSIS Sophie Stange 12 February 2021 In 2018, the High Court of South Africa delivered Rahube v Rahube and Others a landmark decision protecting women’s rights to equality and land…

Constitutional Crisis in Somalia – Democratic, Free and Fair Elections?

ANALYSIS René Brosius 10 February 2021 The upcoming presidential elections in Somalia are dominated by the debate on free and fair elections, a debate that brought the country to the…

Abortion Law – A Comparative Take on the Constitutional Framework of South Africa and Germany

COMMENT Freda Louwes 05 February 2021 In recent weeks and months, the topic of abortion has become a highly debated one in the media throughout the world. Last summer, despite…

Somalia before the elections – From democratic election to dangerous selection process

ANALYSIS René Brosius 22 January 2021 On 9 January 2021, Somalia’s Prime Minister Mohamed Hussein Roble surprised everyone by announcing that the planned elections would only be held in certain…

Observations on the Malawi Presidential Election Petition of 2019

ANALYSIS Prof. Dr Thoko Kaime, 8 May 2020 On 8 May 2020, the Supreme Court of Malawi upheld the judgement of the Constitutional Court in finding that Peter Mutharika was…