The interactions between politics and law with specially focus on Africa.


The interactions between politics and law with specially focus on Africa.

 Simply put law is the output of politics and politics operate within the confines of law.

 In this sense we can say that law and politics are twin concepts that affect one another.

 Law and politics in this discourse is not limited to the national realms but also extends to the international arena

 In which case, what are the basic characteristics between national and international law and politics.

 The law functions in relation to politics in three basic aspects, namely as a goal, a means or an obstacle.

 First, politics can define certain predominantly legal values or institutions as its goal.

 In this case the political understanding of the same values or institution becomes almost identical to an authentic legal understanding of the same values or institution (democracy)

 Second, politics can comprehend the law merely as a means for the fulfilment of certain political interest

 In this case politics is neutral in its attitude towards the law (i.e. electoral process)

 Finally politics can interpret law as an obstacle on the way toward the realization of certain political goals. In this situation either politics prevails over law, or vice versa.

 In the first case politics effectuates its solutions at the expense of rule of law, while in the second case the autonomy of law is preserved through the decisions of the highest courts or by other actions taken by lawyers, intellectuals, association, organizations and the public in order to stop illicit acts of political actors.

 Law and politics create their own particular picture of reality. Sometimes those picture overlap, sometimes they differ

 But the central question to answer in this discourse is what relationship exist between the politics and law?

 In answering this question, the appropriate approach suggest that we simply identify any two attributes of politics and see how these attributes represent or are expressed by law.

 For example, sovereignty and government (population, territory).

 A critical observation clearly shows the existence and reality of law.

 In other words, all attributes of politics have legal characteristics, for instance the sovereignty of the state represent the supreme and overwhelming powers of the state

 In this sense, state power operate over a given territory, the powers of that state are both ultimate, decisive, final and universal.

 It also means that the powers of that state over its territory are of lasting legal implications.

In the legal arena, sovereignty is not only of political relevance but it represents the legal expression of the state’s existence.

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