Towards an international constitutional court (ICC)
We are are suffering from the dilemma of biasing the local constitutional court to the government. I lodged a constitutional challenge against the military regime now ruling in Sudan. It was closer to the trap. The Sudanese Constitutional Court had one of two solutions: either to rule against or with the military government.
If the court had ruled against the military government, this would have placed it in a major deadlock with the army. But if she wanted to rule against me, she would not have found any legal grounds and evidence.
What did the Constitutional Court do?
To date, it has refrained from ruling on the constitutional challenge.
We need an international constitutional court not only to protect our constitutional rights from dictatorial governments, but also so that we can develop constitutional norms at an international level and unify them. Without the protection mechanism, the International Covenant on Human Rights cannot be satisfied with constitutional courts within the state, even though these courts are themselves part of governments that violate constitutional rights.
The creation of international constitutional court will lead to the development of basic constitutional concepts, and give it practical rooting as well as theoretical philosophy.
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We are are suffering from the dilemma of biasing the local constitutional court to the government. I lodged a constitutional challenge against the military regime now ruling in Sudan. It was closer to the trap. The Sudanese Constitutional Court had one of two solutions: either to rule against or with the military government.
If the court had ruled against the military government, this would have placed it in a major deadlock with the army. But if she wanted to rule against me, she would not have found any legal grounds and evidence.
What did the Constitutional Court do?
To date, it has refrained from ruling on the constitutional challenge.
We need an international constitutional court not only to protect our constitutional rights from dictatorial governments, but also so that we can develop constitutional norms at an international level and unify them. Without the protection mechanism, the International Covenant on Human Rights cannot be satisfied with constitutional courts within the state, even though these courts are themselves part of governments that violate constitutional rights.
The creation of international constitutional court will lead to the development of basic constitutional concepts, and give it practical rooting as well as theoretical philosophy.
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