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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Judicial precedent in Africa revisited
Author:Allott, A.N.ISNI
Year:1968
Periodical:Journal of African Law
Volume:12
Issue:1
Pages:3-31
Language:English
Geographic terms:English-speaking Africa
Great Britain
Subjects:reception of foreign law
jurisprudence
Abstract:One of the most important facts about the general legal systems of African countries is that they are derived wholly or partly from the legal systems of foreign countries, usually those of the former colonial power. This adoption of extraneous laws raises the fundamental question of the authority, if any judicial decisions in the donor country for the purpose of elucidation or determining the applicable law in the receiving country. During the colonial period the authority of extraneous decisions in Africa courts was largely tied up with the relationship between English law and the law in Africa. In modern times however there has been a radical re-examination of previously accepted positions. Among the problems which now arise are: 1. What is the authority of regional appeal court decisions once a country has withdrawn from the court; 2. How far is a Supreme or High Court bound by the decisions of its predecessors in function; 3. What changes in the doctrine of judicial precedent have been brought about either by legislation or by agreement of the judges. The treatment of this topic is divided in: A. The authority of extraneous decisions in Africa courts, and B. Interal aspects of the doctrine of precedent.
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