Justiciable or Non-Justiciable Rights: A Debate on Socio-Economic and Political Rights in Nigeria (Published)
Justiciable or non-justiciable rights are hot debate in jurisprudence. The 1999 Constitution of the Federal Republic of Nigeria grouped rights into fundamental rights and fundamental objectives. Accordingly, fundamental objectives entail socio-economic and political rights which are non-justiciable in the court of law. However, socio-economic rights are necessary instruments for accountable government and good governance while non-justiciable rights work hardship on the citizens by restricting their rights of redress in the court of law. Non-justiciability is a constitutional cover to bad leadership and corruption. Hence, the investigation into justiciable or non-justiciable rights: a debate on socio-economic and political rights in Nigeria. The paper examined the position of South-Africa Courts’ judgments on socio-economic cases brought before them. The views of pro-justiciability and anti-justiciability schools were also juxtaposed. The study found out that the courts rather judges had upheld socio-economic and political rights as justiciable by inextricably connecting them to justiciable rights. The paper therefore recommends that all ouster clauses in the Constitution be expunged to promote accountable government, strengthen the judiciary and enforce citizen’s rights of redress.
Keywords: Constitution, Rights, fundamental Objectives, fundamental rights, justiciable, non-justiciable
Third Parties Rights in A Contract and the Effect of the Contract (Published)
The principle of relative effect of the contract with regards to third parties is presented as a limit and also a guarantee of freedom of contract.The direct effects are only those created by the stipulation in favour of third parties. The indirect effects are, on the one hand, those effects on third parties which result from the legal activity of another. English law reflects the principle of relative effect of contracts in the Doctrine of Privity of Contract. The aim of this paper is to show how this principle finds placein Community law and in national law. European law is centred on the protection of third parties to the contract constituting the company. In the Unidroit Principles, the principle only appears from an a contrario.In some legal systems, the effect ofthe contract with regard to third parties is particularly strongly regulated. In others it is only through the sanctioning of the violation of third party rights that these effects are taken into account.Within the Common law systems, it is generally admitted that the contract only produces effects between the parties, and the situation of third parties is rarely studied. The approach is different once again in those systems that are today essentially still based on Roman law.
Keywords: Contract Law, Effects, Obligations., Rights, Third Parties
Characteristics of Contracts for the Benefit of Third Parties (Published)
A contract can affect a third party. However, the doctrine of privity means that, as a general rule, a contract cannot confer rights or impose obligations arising under it on any person except the parties to it. This paper deals with the theoretical and practical analysis of the contract for the benefit of a third person by which the benefit obtained from the obligation passes to the third non contractual party. Due to the particular features of this contract, it is important to examine it in detail in order to highlight the special legal nature of the contract for the benefit of the third party as a legal transaction, the elements of the contract, the characteristics, its historical development etc. Also, this paper presents a concept of the specific status of the third party. The author supports the view that the third party (the beneficiary) is an independent contractor who has specific duties and obligations as well as rights and benefits, which is an argument based on the modern theory of interdependence of legal rights and obligations.
Keywords: Beneficiary, Contract, Obligations., Rights, Third Party