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Vol 21 No 10 Oct/Nov 2016

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Tackling the Unconstitutional Overthrow of Democracies

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ISBN13: 9780850927214
ISBN: 0850927218
Published: July 2003
Publisher: Commonwealth Secretariat
Country of Publication: UK
Format: Paperback
Price: £70.00

Despatched in 8 to 10 days.

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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Other Jurisdictions
Official Commonwealth Position - Harare Declaration; Millbrook and CMAG;; other relevant Commonwealth Statements; Judicial response - case studies and comment; Constitutional Provision; Examination of the various anti-coup provisions in Commonwealth constitutions.