East African Civil Society Organizations' Forum v Attorney General of Republic of Burundi and Others (Appeal 4 of 2016)
East African Civil Society Organizations' Forum v Attorney General of Republic of Burundi and Others (Appeal 4 of 2016) [2018] EACJ 46 (24 May 2018) (Appellate Division)
The Appellate Division held that the Trial Court erred in disavowing jurisdiction to determine whether the impugned decision of the Constitutional Court of Burundi violated the EAC Treaty. The EACJ's mandate includes interpreting the Treaty and assessing whether actions of Partner States, including judicial decisions, are consistent with Treaty obligations. This does not amount to exercising appellate jurisdiction over national courts, but rather involves determining international responsibility and making declarations as to Treaty compliance. The Appellate Division found that the Trial Court…
Source excerpt
- Treaty Interpretation
- State Responsibility
- Judicial Review Limits
- Regional Court Jurisdiction
- International Obligations
- Public Interest Litigation