Foreign Relations Law in the Constitutions and Courts of Commonwealth African Countries

Abstract

This chapter examines the laws and jurisprudence in Commonwealth African countries that implicate their interactions with the rest of the world. It uses a qualitative comparative research approach to examine their laws and values relevant to such interactions. The chapter analyzes the status and relationship between international law and the constitutions of these states by examining themes such as the extent to which international values are reflected in their constitutions; how foreign relations authority is constitutionally allocated; and treaty-making powers and implementation mechanisms. The chapter discusses the extent to which courts in Commonwealth Africa are prepared to intervene or judicially review matters that may be deemed as pertaining to foreign relations. Although none of the constitutions in these countries give their courts an express role in foreign relations matters, the existing jurisprudence suggests that courts have a critical role to play and have intervened in some cases to ensure adherence to constitutional norms.