• Login / Register
    View Item 
    •   Home
    • Faculty of Social Science
    • Law
    • Law
    • View Item
    •   Home
    • Faculty of Social Science
    • Law
    • Law
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of ChesterRepCommunitiesTitleAuthorsPublication DateSubmit DateSubjectsPublisherJournalThis CollectionTitleAuthorsPublication DateSubmit DateSubjectsPublisherJournalProfilesView

    My Account

    LoginRegister

    About

    AboutUniversity of Chester

    Statistics

    Display statistics

    Overcoming the (non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Ekhator et al - Overcoming_the ...
    Embargo:
    2215-12-13
    Size:
    701.5Kb
    Format:
    PDF
    Request:
    Main article
    Request
    Authors
    Ako, Rhuks
    Stewart, Ngozi
    Ekhator, Eghosa O.
    Affiliation
    University of Hull; University of Benin; University of Chester
    Publication Date
    2015-12-13
    
    Metadata
    Show full item record
    Abstract
    The legal framework regulating socio-economic rights in Nigeria is ambiguous. These rights, listed under Section II of the constitution titled Fundamental Objectives and Directive Principles, are non-justiciable by virtue of section 6(6)(c) of the constitution. However, Nigeria as a dualist state has adopted (ratified and domesticated) the African Charter on Human and People’s Rights (African Charter) in accordance with relevant constitutional provisions. Therefore, the provisions of the African Charter are (arguably) part and parcel of Nigeria’s laws, thus ‘justiciable’. This paper aims to critically examine the status of the socio-economic rights in Nigeria, specifically the right to a healthy environment. With extant literature arguing either for or against the existence of the right to a healthy environment in Nigeria this paper adopts a holistic approach by critically considering both sides of the argument. Premised on the doctrine of harmonious construction, the paper aims suggest a means to end the debate that currently the surrounds the existence and (non)justiciable nature of the ‘right’ to a healthy environment in Nigeria.
    Citation
    Ako, R., Stewart, N., & Ekhator, E. O. (2016). Overcoming the (non) justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria. In A. Diver, & J. Miller (Eds.), Justiciability of Human Rights Law in Domestic Jurisdictions (pp. 123-141). Cham: Springer.
    Publisher
    Springer
    URI
    http://hdl.handle.net/10034/621188
    Additional Links
    https://link.springer.com/chapter/10.1007/978-3-319-24016-9_6
    Type
    Book chapter
    Language
    en
    ISBN
    9783319240145
    Collections
    Law

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.