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Tanzania Case Law

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Constitutional law xyz v benin application 10 of 2020 2020 afchpr 3 27 november 2020

xyz v benin application 10 of 2020 2020 afchpr 3 27 november 2020

The African Court held that Benin violated judicial independence, national consensus, information, development, and peace rights in adopting constitutional revision law.

  • Judicial independence
  • Impartial tribunal
  • National consensus
  • Right to information
  • Right to development
  • Right to peace and security
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Constitutional law xyz c republique du benin requete n 0102020 2020 afchpr 3 27 novembre 2020

xyz c republique du benin requete n 0102020 2020 afchpr 3 27 novembre 2020

The Court found that the process of constitutional amendment in Benin violated the principle of national consensus as required by Article 10(2) of the CADEG, and that the independence of the Constitutional Court was not guaranteed due to the renewable nature of judges' mandates without clear criteria. The Court also found violations of the right to information, the right to development, and the right to peace and security. However, the Court found no violation of the right to an impartial tribunal, as the applicant failed to provide credible evidence of actual bias. The Court awarded symbolic…

  • Judicial independence
  • Impartiality of courts
  • Constitutional amendment
  • Right to information
  • Right to development
  • Right to peace and security
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.