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Constitutional Law [2019] EACJ 32

East African Civil Society Organisations Forum v Attorney General of the Republic of Burundi and Others

East African Civil Society Organisations Forum v Attorney General of the Republic of Burundi and Others (Reference 2 of 2015) [2019] EACJ 32 (3 December 2019) (First Instance Division)

The East African Court of Justice held that its mandate to review domestic judicial decisions is strictly limited to assessing whether such decisions amount to internationally wrongful acts attributable to the state under the EAC Treaty. The Court distinguished its international review function from appellate review, emphasizing that it cannot quash or revise domestic court decisions but may only declare whether a Partner State has breached its Treaty obligations. Applying international law and the standards for state responsibility, the Court found that the decision of the Constitutional Cou…

  • Treaty Interpretation
  • State Responsibility
  • Rule Of Law
  • Judicial Review International
  • Separation Of Powers
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