ABSTRACT
This chapter explores the constitutional basis of the African Union (AU) law and ascertains the boundary of the AU legal order by identifying its various sources. The Organization of African Unity (OAU) was effectively disbanded on the 9 July 2002 with the creation of the AU. The OAU contributions were primarily driven by the political/policy organs of the institution. Two principal organs are responsible for decision making in the AU. These are the Executive Council and the Assembly of the Union. Each organ has the responsibility for making decisions on particular issues. The AU Commission has produced world-leading decisions in areas such as economic, social and cultural rights, thereby refuting the widely canvassed argument that such rights cannot be dealt with through a judicial process. The African Union legal order borrows principles from other legal orders, especially from the European Union. The chapter also discusses the potential contribution of the Pan-African Parliament (PAP) as a source of law.
