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Title:Judicial power in Cameroon's amended Constitution of 18 January 1996
Author:Fombad, Charles MangaISNI
Periodical:Lesotho Law Journal: A Journal of Law and Development
Geographic term:Cameroon
judicial power
Abstract:In Cameroon, Law No. 06 of 18 January 1996, purporting to amend the Constitution of 2 June 1972, in part V replaces the expression 'the judiciary' with 'judicial power'. There has been some debate as to whether the expression 'judicial power' has added something novel to the judiciary. The author briefly states the general principles which govern the administration of justice in Cameroon, describes the structure and organization of the courts, and considers the concept of judicial independence and Cameroonian practice. He notes that one of the necessary concomitants of the separation of powers, the doctrine of judicial review, is completely excluded in part VII of the Constitution, and that, furthermore, the extent of judicial powers is left vacuous. 'Judicial power' under the 1996 Constitution must therefore be understood simply to mean the power to give a binding decision and determination. He concludes that the reality in Cameroon, which the 1996 Constitution has perpetuated, is that the executive appoints, transfers, dismisses, suspends and can interfere with the so-called judicial power with no constitutional provisions to control and ensure that this is done in a fair, rational, objective and predictable manner. Notes, ref.