CONSTITUTIONAL JUSTICE IN AFRICA: An Examination of Constitutional Positivism, Fundamental Law and Rights in Ghana and Nigeria

This work explores the idea of constitutional justice in Africa with a focus on constitutional interpretation in Ghana and Nigeria. The objective is to develop a theory of constitutional interpretation based upon a conception of law that allows the existing constitutions of Ghana and Nigeria to be construed by the courts as law in a manner that best serves the collective wellbeing of the people. The project involves an examination of both legal theory and substantive constitutional law. The theoretical argument will be applied to show how a proper understanding of the ideals of the rule of law and constitutionalism in Ghana and Nigeria necessitate the conclusion that socio-economic rights in those countries are constitutionally protected and judicially enforceable. The thesis argues that this conclusion follows from a general claim that constitutions should represent a ‘fundamental law’ and must be construed as an aspirational moral ideal for the common good of the people. The argument is essentially about the inherent character of ‘legality’ or the ‘rule of law.’ It weaves together ideas developed by Lon Fuller, Ronald Dworkin, T.R.S. Allan and David Dyzenhaus, as well as the strand of common law constitutionalism associated with Sir Edward Coke, to develop a moral sense of ‘law’ that transcends the confines of positive or explicit law while remaining inherently ‘legal’ as opposed to purely moral or political. What emerges is an unwritten fundamental law of reason located between pure morality or natural law on the one hand and strict, explicit, or positive law on the other. It is argued that this fundamental law is, or should be, the basis of constitutional interpretation, especially in transitional democracies like Ghana and Nigeria, and that it grounds constitutional protection for socio-economic rights. Equipped with this theory of law, courts in developing African countries like Ghana and Nigeria will be in a better position to contribute towards developing a real sense of constitutional justice for Africa.

O direito administrativo na sociedade : a dimensão societal do direito administrativo entre a autopoiese dos sistemas sociais e a função intersistémica do sistema jurídico

Tese de doutoramento, Direito (Ciências Jurídico-Políticas, vertente de Direito Administrativo), Universidade de Lisboa, Faculdade de Direito, 2016

General Principles of EU Law: The Ghost in the Platonic Heaven in Need of Conceptual Clarification. Pittsburgh Papers on the European Union Vol. 2, 2013

General principles are en vogue in EU law – and in need of conceptual clarification. A closer look at several concepts of principle in legal philosophy and legal theory sheds light upon the concept of general principles in EU law. A distinction between an aprioristic model of principle and a model of principle informed by legal positivism may contribute to clarifying the genesis of a (general) principle in EU law, as well as its nature and functions. This paper demonstrates that an evolution has taken place from a reliance on seemingly natural law inspired reflections of general principles via the desperate search to ground general principles in various kinds of sources based on a more or less sound methodology towards an increasing reliance on strictly positivistic approaches. Against this backdrop, general principles are likely to lose significance where there are other norms while retaining an important yet uncontrollable role where the traditional canon of sources is silent.

Benchmarking numerical models of brittle thrust wedges

We report quantitative results from three brittle thrust wedge experiments, comparing numerical results directly with each other and with corresponding analogue results. We first test whether the participating codes reproduce predictions from analytical critical taper theory. Eleven codes pass the stable wedge test, showing negligible internal deformation and maintaining the initial surface slope upon horizontal translation over a frictional interface. Eight codes participated in the unstable wedge test that examines the evolution of a wedge by thrust formation from a subcritical state to the critical taper geometry. The critical taper is recovered, but the models show two deformation modes characterised by either mainly forward dipping thrusts or a series of thrust pop-ups. We speculate that the two modes are caused by differences in effective basal boundary friction related to different algorithms for modelling boundary friction. The third experiment examines stacking of forward thrusts that are translated upward along a backward thrust. The results of the seven codes that run this experiment show variability in deformation style, number of thrusts, thrust dip angles and surface slope. Overall, our experiments show that numerical models run with different numerical techniques can successfully simulate laboratory brittle thrust wedge models at the cm-scale. In more detail, however, we find that it is challenging to reproduce sandbox-type setups numerically, because of frictional boundary conditions and velocity discontinuities. We recommend that future numerical-analogue comparisons use simple boundary conditions and that the numerical Earth Science community defines a plasticity test to resolve the variability in model shear zones.

The Coordinated City’s Mutation Machine: Capitalism, Sympathy, and Urbanization in Seattle’s South Lake Union Neighborhood

Thesis (Ph.D.)--University of Washington, 2016-06

Intersectionality in the Language and Writing Classroom

Thesis (Ph.D.)--University of Washington, 2016-06

The possessive logic of patriarchal white sovereignty: The High Court and the Yorta Yorta decision

Race is fundamental in shaping the development of Australian law just as it has played its part in other former colonies, such as the United States, where a body of critical race theory has been established on the basis of this premise. Drawing on this theory I argue that the possessive logic of patriarchal white sovereignty works ideologically to naturalise the nation as a white possession by informing and circulating a coherent set of meanings about white possession as part of common sense knowledge and socially produced conventions in the High Court's Yorta Yorta decision.

The Society of States under siege? An English School perspective on the emergence of global civil society

In this article I critically examine the theoretical and empirical relationship between world society, whereby global civil society is taken to be its physical or empirical counterpart, and the society of states. This relationship is typically portrayed as contradictory or confrontational, and I contend that this mainstream perspective is reliant on a superficial analysis of the relationship. If one examines the deeper dynamics, viewed in their contemporary international normative context, then one can identify the more constructive and permissive aspects of the relationship. Rather than being wholly incompatible I argue that world society and international society are mutually constitutive and mutually dependent regimes, whose relationship is more often marked by cooperation than by conflict. English School theory provides the conceptual framework for this analysis. The relationship between international and world society presents a core ontological tension within this theory, and again they tend to occupy polarised positions. A synthesis of four international theories - pluralist international society theory, solidarist international society theory, critical international theory, and the discourse of global civil society - informs the hypothesis that the relationship can be normatively and empirically reconciled. In order to empirically support this explanation I analyse two phenomena in world politics - transnational advocacy networks and humanitarian intervention - where there is an apparent tension between international and world society.