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The Federal Republic of Cameroon which came into existence on October 1, 1961, is made up of former Southern Cameroons which was administered by the British Government as an integral part of her Colony of Nigeria, and the Republic of Cameroon - a former trust territory under French Administration. Thus West Cameroon (i.e. former Southern Cameroons) was endowed with a legal system akin to that of Nigeria, and therefore of Great Britain, and East Cameroon (i.e. the former Republic of Cameroon) was endowed with the French legal system. This thesis, the first of its kind, attempts to trace the development of the laws and constitution of Cameroon within the framework not only of these two major foreign legal systems, but also of the indigenous systems. The work is divided into three Parts comprising of twelve chapters. Part I, comprising only of Chapter I, deals with a general historical and ethnographic survey of Cameroon. An attempt has been made, particularly in connection with the historical introduction, to piece together the various treaties and agreements which gave Cameroon her present boundaries. Part II comprises of Chapters II - IV. Chapter II deals with the administration, by the French and British Governments, within the framework of the Mandate and Trusteeship systems, of their respective parts of Cameroon. Attention is also paid to the political and constitutional developments leading to independence and reunification. These include the United Nations conducted plebiscites in the Cameroons and the Cameroons: case at the International Court of Justice which arose therefrom. Chapter III is devoted to an analysis of the Federal and Federated State constitutions while Chapter IV deals with the courts and legal profession in Cameroon. Part III comprises Chapters V - XII, each of which deals with a specific subject. Thus Chapter V traces the Sources of Law in Cameroon while Chapter VI deals with Procedure and Evidence. The five others deal respectively with Criminal Law, Civil Law (i.e. Contract and Tort), Commercial Law, Land Law and Family Law. Chapter XII deals briefly with the attempts, few as they are, which have been made to integrate the law. In each of the chapters in this part, we have tried to deal with both the French and English law on each topic, the aim being to point out where they are different and to make suggestions for dealing with such differences. Although these suggestions have sometimes come out either in favour of French or English law where either system was thought better, we have not ceased to emphasize the tremendous advantage in being able to produce new laws based on the best from both systems.
This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Cameroon provides essential information on the countryand’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Cameroon will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
An original and unique examination of the constitutional history of British Southern Cameroons from 1922 to 1961, this book provides a concrete foundation for understanding the origin of the Anglophone Question in present-day Cameroon. The work is the result of extensive research at the Public Records Office (London), the National Archives in Yaoundé and Buea, and of interviews with many key Cameroonian players in the constitutional development of the territory.
This book explores the customary, social, economic political and rights issues surrounding access, ownership and control over land from a gender perspective. It combines theory and practice from researchers, lawyers and judges, each with track records of working on women and rights concerns. The nexus between the reluctance to recognize and materialize womens right to land, and the increasing feminization of poverty is undeniable. The problem assumes special acuity in an essentially agrarian context like Cameroon, where the problem is not so much the law as its manner of application. That this book delves into investigating the principal sources and reasons for this prevalent injustice is particularly welcome. As some of the analyses reveal, denying women their right to land acquisition or inheritance is sometimes contrary to established judicial precedents and even in total dissonance with the countrys constitution. Traditional and cultural shibboleths associated with land acquisition and ownership that tend to stymie womens development and fulfilment, must be quickly shirked, for such retrograde excuses can no longer find comfort in the law, morality nor in modern traditional thinking. The trend, albeit timid, of appointing women to Land Consultative Boards and even as traditional authorities, can only be salutary. These are some positive practical steps that can translate the notion of equal rights into equal power over land for both sexes; otherwise equality in this context will remain an unattractive slogan.
Bachelor Thesis from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, University of Buea, course: Law 498, language: English, abstract: This research seeks to examine the right to self-determination by so doing emphasis have been laid on the case of Southern Cameroon by tracing the origin of the quest for self-determination by the Southern Cameroonians. Despite all efforts made by the Southern Cameroonians for their right to self-determination to be recognized, the international community seems to give a deaf ear to this call. The overall purpose of this study is to examine the extent to which the Southern Cameroonians have the right to self-determination. This research or this study adopt a doctrinal approach methodology which is in line with Orthodox legal research. Findings therefore reveals that the quest for self-determination by the Southern Cameroonians is still to gain an international recognition though it is strongly argued that the divide between the Anglophone and francophone Cameroonians was a colonial creation. Conclusively this researcher argues that a return to the 1961 federal constitution will go a long way to address the Anglophone problem in Cameroon and thus put an end to the persistent call by Southern Cameroonians for the recognition of their right to self-determination. It is therefore recommended that the structure of the country should be built on the 1961 Federal Constitution and the country should return to a two state federation as conceived in the Foumban Constitutional Conference.