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The myth of ‘Judicial customary law’ : reflections from Anglophone Cameroon

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dc.contributor.author Kiye, Emmanuel Mikano
dc.date.accessioned 2020-12-09T10:09:33Z
dc.date.available 2020-12-09T10:09:33Z
dc.date.issued 2020-08
dc.identifier.citation Kiye, E.M., 2020. The myth of ‘Judicial customary law’: Reflections from Anglophone Cameroon. Inkanyiso: Journal of Humanities and Social Sciences, 12(1), pp.86-98. en_US
dc.identifier.issn 2077-2815
dc.identifier.uri http://hdl.handle.net/10530/2022
dc.identifier.uri https://hdl.handle.net/10520/EJC-1f2aa3e9b8
dc.description Peer reviewed and published under Inkanyiso Journal, Volume 12 Number 1, Aug 2020, p. 86 - 98 en_US
dc.description.abstract This paper unravels the origins of the concept of ‘judicial customary law’, a variant of customary law, acknowledged and recognized in some common law jurisdictions of sub-Saharan Africa. It adopts qualitative research methodology based on doctrinal and content analyses of primary and secondary data. It documents some of the arguments underlying the emergence of judicial customary law as the inadvertent product of state courts in the exercise of the crucial prerogative of judicial establishment of customary law. The paper argues that the notion of judicial customary law, as divorced from social practices of the people, represents a controversial affront to our traditional understanding of customary law, which is associated with the aspirations of the community. Through a critical evaluation of the laws in force, and complemented by the jurisprudence of state courts of Anglophone Cameroon in the administration of the twin processes of judicial establishment, as complemented by the process of adjudging the equitability of customary law, the paper acknowledges the conceptual feasibility of judicial customary law in the territory, as opposed to its practical applicability. The absence of professionalization in the delivery of customary justice and the essentialist articulation of customary law are factors, among others, that forcefully militate against the realistic existence of this notion in Anglophone Cameroon. en_US
dc.language.iso en en_US
dc.publisher University of Zululand en_US
dc.subject Anglophone Cameroon en_US
dc.subject Customary law en_US
dc.subject Judicial customary law and Judicial establishment en_US
dc.title The myth of ‘Judicial customary law’ : reflections from Anglophone Cameroon en_US
dc.type Article en_US

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