Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa
Presidential candidates who have faith in judicial supremacy often turn to the courts for redress when they lose presidential elections, because the courts often rely on technicalities and the substantiality test to determine the elections. One such technicality is the substantiality test. This pa...
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| Format: | Article |
| Language: | English |
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African Journal of Governance and Public Leadership (AJoGPL)
2022
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| Online Access: | http://hdl.handle.net/20.500.12493/828 |
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| author | BC, Basheka Daniel, M. Walyemera Dominique, E. Uwizeyimana |
| author_facet | BC, Basheka Daniel, M. Walyemera Dominique, E. Uwizeyimana |
| author_sort | BC, Basheka |
| collection | KAB-DR |
| description | Presidential candidates who have faith in judicial supremacy often turn to the courts for redress when
they lose presidential elections, because the courts often rely on technicalities and the substantiality test
to determine the elections. One such technicality is the substantiality test. This paper examines, with
the use of selected examples, the application and exploitation of the materiality, otherwise known as the
substantiality test, by courts while adjudicating presidential election petitions in Africa. The paper fi rst
examines the meaning and origin of the substantiality test before venturing into the legal and constitutional
provisions for this rule in selected countries. The paper then turns to the key Supreme Court decisions on
presidential election petitions in Africa, focusing on evaluating how the substantiality test has been applied
or misapplied. Finally, the paper examines legal and policy implications before making the concluding
remarks. |
| format | Article |
| id | oai:idr.kab.ac.ug:20.500.12493-828 |
| institution | KAB-DR |
| language | English |
| publishDate | 2022 |
| publisher | African Journal of Governance and Public Leadership (AJoGPL) |
| record_format | dspace |
| spelling | oai:idr.kab.ac.ug:20.500.12493-8282024-01-17T04:44:34Z Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa BC, Basheka Daniel, M. Walyemera Dominique, E. Uwizeyimana Electoral democracy, Presidential elections, Petitions, Court decisions, Substantiality test, Africa Presidential candidates who have faith in judicial supremacy often turn to the courts for redress when they lose presidential elections, because the courts often rely on technicalities and the substantiality test to determine the elections. One such technicality is the substantiality test. This paper examines, with the use of selected examples, the application and exploitation of the materiality, otherwise known as the substantiality test, by courts while adjudicating presidential election petitions in Africa. The paper fi rst examines the meaning and origin of the substantiality test before venturing into the legal and constitutional provisions for this rule in selected countries. The paper then turns to the key Supreme Court decisions on presidential election petitions in Africa, focusing on evaluating how the substantiality test has been applied or misapplied. Finally, the paper examines legal and policy implications before making the concluding remarks. Kabale University 2022-12-04T11:13:42Z 2022-12-04T11:13:42Z 2022 Article 2789-2298 http://hdl.handle.net/20.500.12493/828 en ;50 - 65 Attribution-NonCommercial-NoDerivs 3.0 United States http://creativecommons.org/licenses/by-nc-nd/3.0/us/ application/pdf African Journal of Governance and Public Leadership (AJoGPL) |
| spellingShingle | Electoral democracy, Presidential elections, Petitions, Court decisions, Substantiality test, Africa BC, Basheka Daniel, M. Walyemera Dominique, E. Uwizeyimana Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa |
| title | Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa |
| title_full | Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa |
| title_fullStr | Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa |
| title_full_unstemmed | Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa |
| title_short | Judicial proceduralism: the application and exploitation of the substantiality rule in presidential election petitions in Africa |
| title_sort | judicial proceduralism the application and exploitation of the substantiality rule in presidential election petitions in africa |
| topic | Electoral democracy, Presidential elections, Petitions, Court decisions, Substantiality test, Africa |
| url | http://hdl.handle.net/20.500.12493/828 |
| work_keys_str_mv | AT bcbasheka judicialproceduralismtheapplicationandexploitationofthesubstantialityruleinpresidentialelectionpetitionsinafrica AT danielmwalyemera judicialproceduralismtheapplicationandexploitationofthesubstantialityruleinpresidentialelectionpetitionsinafrica AT dominiqueeuwizeyimana judicialproceduralismtheapplicationandexploitationofthesubstantialityruleinpresidentialelectionpetitionsinafrica |