lnterrogating the competence of the African Court of Justice and Human Rights to review the African Union Assembly's decisions for compliance with human rights

Abstract

Globalisation and the transfer of powers from state constitutional systems to international organisations (lOs) have led to several deficiencies, especially with regard to checks and balances in global governance.l The need to inculcate the rule of law and constitutionalism in global governance has therefore gained currency in the 21't century.'This has been exemplified by calls for the reform of the United Nations (UN) and the extensive reforms in regional lOs, such as the European Union (EU), with emphasis on institutional balance and the tempering ofpolitical power with institutional controls.3The African continent has not been left behind in these developments. Africa has witnessed a proliferation of regional and sub-regional lOs with diverse mandates and competencies.a These bodies make decisions and adopt treaties with enormous implications for human rights and the fundamental freedoms of individuals.s Even though these lOs are well-intentioned, several questions arise about their checks and balances. First, how far are they bound to consider international human rights norms and standards in their work? Secondly, can their decisions besubjected to judicial review?6 Lastly, which body in the African human rights system has the mandate to judicially review such decisions? These are some of the questions with which this thesis will attempt to grapple, albeit with a limited focus.