• Colonial and post-colonial constitutionalism in the commonwealth: Peace, order and good government

      Yusuf, Hakeem O.; University of Strathclyde (Routledge, 2014-01-10)
      The peace, order and good government clause (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when set against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause.
    • Harvest of violence: the neglect of basic rights and the Boko Haram insurgency in Nigeria.

      Yusuf, Hakeem O.; University of Strathclyde (Taylor & Francis, 2013-09-26)
      Drawing on the core commitments of Critical Terrorism Studies, and mostly, the ethic of emancipation, this article focuses on the Boko Haram insurgency to investigate recurring violent conflict in Nigeria. It identifies a governance gap not adverted to in the official narrative which has led to gross discontent at the lower levels of the society. The governance gap has created fertile breeding grounds for the recruitment of disillusioned youths who are easily mobilised to violence and lately, insurgency. There are normative and pragmatic reasons to adopt and prioritise social welfare through the implementation of economic, social and cultural obligations and due-process rights as a viable approach to at least reducing the spate of violence in the country. The discussion has relevance for resolving situations of violence and conflict in sub-Sahara Africa in particular and elsewhere in the developing world.
    • 'High value' migration and complicity in underdevelopment and corruption in the global south : receiving from the attic.

      Yusuf, Hakeem O.; University of Strathclyde (Taylor & Francis, 2012-04-25)
      Through a focus on the ‘High Value Migrants’ programme of the United Kingdom, this article directs attention to how commercial migration laws and policies of developed countries could impact negatively on the global south. Drawing mainly on insights from criminology and development studies, it investigates how the commercial migration laws and policies, specifically the aspects that deal with encouraging or attracting ‘high-value’ foreign entrepreneurs and investors hold out the state as potentially complicit in corruption and underdevelopment in the global south. There is an important need to address the implicated migration laws and policies as a critical and integral part of the international efforts to combat corruption and promote peace and development in the global south. Reform of the implicated laws and policies is in the long term interest of all stakeholders.
    • S.A.S v France : supporting 'living together' or forced assimilation?

      Yusuf, Hakeem O.; University of Strathclyde (Brill Academic Publishers, 2014-11-19)
      The Grand Chamber of the European Court of Human Rights has upheld the French law which prohibits the concealment of one’s face in public places. The law is directed principally at prohibiting Muslim women covering their faces in public spaces in France. The decision of the Strasbourg Court is premised on the French notion of ‘le vivre ensemble’; ‘living together.’ This critical analysis of the judgment contends that the decision is flawed and retrogressive for women’s rights in particular and undermines the socio-cultural rights and freedoms of individuals who belong to minority groups in general. On wider implications of the decision, it is worrisome that the decision appears to pander to dangerous political leanings currently growing in many parts of Europe and beyond. The Court risks promoting forced assimilation policies against minorities in various parts of the world. To illustrate its implications, the article highlights the experience of the Uyghurs, a Turkic ethnic group in Xinjiang Uyghur Autonomous Region of China.