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BOOKS PUBLISHED BY AJ

Cases On Human Rights

• Volume 1
  Access To Justice
  
  Administrative Law
  
  Adminstration of Justice
  
  Constitutional Law
  
  – Canadian Charter of Rights and Freedoms – Position of in relation to common law – When common law rules conflict with charter values – Which takes primacy – Duty on courts to develop the common law in constancy with charter values - Pepsi-Cola v. RWDSU

  – The Preamble –– Purpose of and how construed – Whether to be read as part and parcel of the Constitution – When may courts have recourse to the preamble - Folatalu v. Attorney General

  - Fundamental Rights – Constitutional Provision authorizing derogation from Fundamental Rights - Whether and to what extent the Executive President acting pursuant to such constitutional provisions may by regulation restrict Fundamental Rights and Freedoms - Need for restriction to be proportional and legitimately related to the purpose it is imposed - Sunila Abeysekera v. Ariya Rubesinghe

  – Interpretation – The liberal approach to interpreting constitutional provisions – Whether court will resort to liberal interpretation where the intention of the makers of the Constitution is clear - INEC V. Alhaji Abdulkadir Balarabe Musa
  
  - Section 42 of the 1979 Constitution on Jurisdiction of the High Court to entertain Fundamental Rights Enforcement Actions – Whether confers parallel jurisdiction on State and Federal High Courts in relation to Fundamental Rights Enforcement Actions - H.R.H. Oboi Ubi UjongUnah v. Mr. Marcus Ukoi

  – Section 46 of the 1999 Constitution of the Federal Republic of Nigeria – Jurisdiction to try fundamental rights enforcement actions - Whether lies concurrently in Federal and State High Courts - Mr. Olawale Ojoge v. Ibrahim Abdulraham

  – Section 222 of the 1999 Constitution on conditions of eligibility for political associations seeking registration as political parties – Whether confers powers on the National Assembly or Independent National Electoral Commission to legislate or issue additional conditions of eligibility – Extent to which the National Assembly or Independent National Electoral Commission may legislate or issue guidelines relating to the registration of political parties - INEC V. Alhaji Abdulkadir Balarabe Musa

  – Separation of Powers – Prerogative of executive arm of government to issue and direct State Policy – Whether precludes judicial review – Whether circumstances exist when judicial intrusion in the domain of executive powers will be constitutional - Minister of Health v. Treatment Action Campaign

  – Separation of Powers – Judicial review of state policy -– Whether court can issue orders with budgetary implications that shape policy-making and implementation - What court must consider when asked to pronounce on the constitutionality of state policy - Minister of Health v. Treatment Action Campaign

  – Separation of Powers – Judiciary – Structural interdicts - When court will use structural interdicts to prescribe steps to remedy a situation and set time frame for full compliance with its order - Minister of Health V. Treatment Action Campaign

  – Supremacy of the Constitution – When an Act of National Assembly (or other regulations) purported to have been enacted under powers conferred by the Constitution is inconsistent with Constitution – Effect of – Where Enactment purports to legislate a field already exhaustively covered by Constitution – Effect of such Enactment - INEC V. Alhaji Abdulkadir Balarabe Musa

  - Tribunal of Inquiry Act (Decree No. 42), 1966 – Extent to which, pursuant to Section 315 of the 1999 Constitution, the Act took effect as law enacted by the National Assembly– Whether the Act related to matters with respect to which the National Assembly had power to legislate for the whole Federation - Fawehimi v. Babangida

  – Tribunal of Inquiry Act – Federal and State legislative competencies in respect thereof under the 1999 Constitution – Tribunal of inquiry as a subject in respect of which the National Assembly and State Houses of Assembly possessed residual legislative powers under the 1999 Constitution - Fawehimi v. Babangida

  Employment Rights
  Enforcement of Orders
  Fundamental Rights
  Fundamental Rights Enforcement Action
  Fundamental Rights (Enforcement Procedure) Rule
  Human Rights
  Natural Justice
  Remedies

• Volume 2

• Volume 3