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AFRICAN LAW

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AFRICAN LAW
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Welcome on droitafricain.net !


Our ambition is to provide you with :

  • Regional and continental classsified treaties of African States
  • Court decisions enforcing those treaties
  • legal bibliography around normativ texts.

We do it in the same way, using nearly same classification and references, as we do for national laws and inter-African treaties. Thus, we want to facilitate the approximation of African normative acts.

The purpose of the life of each human being is to reach a certain personal fulfillment. To do that, his basic needs (food, shelter, health, education, work, protection, move) must be met.

The Law, by his fonction to make peace and organize social relations, must guarentee realisation or concret possibility of réalisation of those needs for every member of the governed society.

To accomplish that, it must create  a system in which are defined actors, their function, admissible and non admissible behaviors. Admissible behaviors must be those  favoring personal fulfillment and are not in contradiction with fulfillement of other members of the society.

It is to those who are regulated or will be regulated by those norm to lay down rules accordingly, within procedures freely selected, and to provide adequate means for the respect of those rules.

The force of the law of a community lies in his capacity to anticipate and find solutions compatible with the goal targeted.

On the respect of law, lesson from history of humanity must be taken into account. It teaches us for for instance that usually when a person has a piece of power, he has tendancy to use it until he finds it's limit. Consequenty, it is necessary that by the arrangement of things, the power stops the power. All would be lost if the same body exercised the power to make the laws, the power to execute them and the power to ensure their respect.  If the principle of separation of powers is not effective, the law cannot guarantee anything and can therefore, very often, only serve to sanction an institutionalized injustice (see : Montesquieu, De l'esprit des lois, Livre XI).

We therefore hope to stimulate the intelligentsia which focuses his attention on inter-African treaties to raise relevant questions and awerness on the legal continental system to promote appropriate change.

A section on ancient treaties will gradually be avaible to legal historians and those who want to work on contentious historical cases.

As ignorance of the law can, only exceptionally excuse a person, the section "popularization" will also gradually be avaible for those not familiar with law.



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