There is a rich history of case law within the Commonwealth where there have been legal challenges to the unconstitutional overthrow of governments. These cases and a commentary on them are set out in this publication. It critically examines the evolution of judicial decisions on the subject. In doing so, it also evaluates jurisprudential theories underpinning these judgements. The position of the Commonwealth is set out, especially its strong stance against the unconstitutional overthrow of governments. Consideration is given to possible constitutional provision which would reinforce democracy and offer protection to citizens against the unconstitutional overthrow of governments.
Acknowledgements Introduction Part I. Coup-Proofing Democracies: The Need for a Proactive Approach The Role of Law in Eradicating the Culture of Coups The Implicit Bargain Theory The Emergence of 'Dodgy' Jurisprudence The Road Map of the Jurisprudence on Coups The Emergence of the New Jurisprudence The Need to Refine the Emerging Jurisprudence The Problem With Collective Action Background to the Fijian Cases Part II. Constitutional and Other Measures that Directly or Indirectly Address the Problem of Unconstitutional Changes of Government Fundamental Principles Part III. Commonwealth Responses The Impact of the Harare and Millbrook Declarations Harare Commonwealth Declaration 1991 The Millbrook Commonwealth Action Programme on the Harare Declaration The Commonwealth Ministerial Action Group on the Harare Declaration (CMAG) The Future of CMAG 'Realising Millbrook' Report by the Commonwealth High Level Review Group to Commonwealth Heads of Government, Coolum, Australia Coolum Communique 2002 Dealing With Other Serious Violations The Case of Zimbabwe Marlborough House Statement on Zimbabwe Conflict and Resolution: The Role of the Commonwealth Secretary-General Report of the High Level Review Group Overview