A Theory Of African Constitutionalism

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 272 pages
File Size : 49,9 Mb
Release : 2021-07-08
Category : Law
ISBN : 9780192646149

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A Theory of African Constitutionalism by Berihun Adugna Gebeye Pdf

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Author : Okon Akiba
Publisher : Routledge
Page : 183 pages
File Size : 52,6 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 9781351949361

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Constitutionalism and Society in Africa by Okon Akiba Pdf

The issues addressed in this rewarding book provide new insight into the way we conceive, reflect and study the problems of political transformation and constitution-making in Africa. The study provides a refreshingly in-depth analysis of the strengths and weaknesses of constitutional provisions for managing the challenges of race, religion, ethnicity, citizenship, civil liberties and civil-military relations in Africa's transitional democracies. Tracing emerging trends in constitution-making, it blends the theory of constitutional democracy with case studies, and defines the imperative of social justice.

Author : Tania Abbiate,Markus Böckenförde,Veronica Federico
Publisher : Routledge
Page : 318 pages
File Size : 48,9 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781351719643

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Public Participation in African Constitutionalism by Tania Abbiate,Markus Böckenförde,Veronica Federico Pdf

During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.

Author : Charles Manga Fombad
Publisher : Oxford University Press
Page : 444 pages
File Size : 51,6 Mb
Release : 2016
Category : Law
ISBN : 9780198759799

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Separation of Powers in African Constitutionalism by Charles Manga Fombad Pdf

The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.

Author : Joseph Oloka-Onyango
Publisher : Fountain Books
Page : 368 pages
File Size : 44,7 Mb
Release : 2001
Category : Law
ISBN : UOM:39015054275758

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Constitutionalism in Africa by Joseph Oloka-Onyango Pdf

This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 273 pages
File Size : 52,8 Mb
Release : 2021
Category : Law
ISBN : 9780192893925

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A Theory of African Constitutionalism by Berihun Adugna Gebeye Pdf

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Author : Andrea Lollini
Publisher : Berghahn Books
Page : 240 pages
File Size : 50,5 Mb
Release : 2011
Category : History
ISBN : 9781845457648

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Constitutionalism and Transitional Justice in South Africa by Andrea Lollini Pdf

Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.

Author : John Hatchard,Muna Ndulo,Peter Slinn
Publisher : Cambridge University Press
Page : 389 pages
File Size : 49,5 Mb
Release : 2004-07-08
Category : Law
ISBN : 9781139451222

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Comparative Constitutionalism and Good Governance in the Commonwealth by John Hatchard,Muna Ndulo,Peter Slinn Pdf

The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.

Author : Okon Akiba
Publisher : Routledge
Page : 366 pages
File Size : 53,6 Mb
Release : 2020-12-30
Category : Political Science
ISBN : 9780429676123

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Political Change and Constitutionalism in Africa by Okon Akiba Pdf

Political Change and Constitutionalism in Africa examines the complexities of government and obstacles facing constitutional democracy in transitional African societies. The chapters provide a critical, conceptual framework to probe, interpret and understand the dimensions of current and impending challenges to constitutional government in the African continent. The contributors explain why deep inequalities and harsh repression persist in most transitional African countries, despite constitutionally guaranteed rights and the ongoing, practical efforts to expand participation through political liberalization. The book demonstrates the importance of sustaining in public confidence in democracy and provides provocative ideas about how to deal with new, prodigious configurations of power that are stubbornly resisting real institutional change. Political Change and Constitutionalism in Africa will be of interest to scholars of African politics and constitutional politics.

Author : Joel M. Modiri
Publisher : Routledge
Page : 303 pages
File Size : 55,5 Mb
Release : 2020-05-21
Category : Law
ISBN : 9781000022414

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Conquest, Constitutionalism and Democratic Contestations by Joel M. Modiri Pdf

Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 46,7 Mb
Release : 2007-07-19
Category : Law
ISBN : 9781139464680

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Transnational Constitutionalism by Nicholas Tsagourias Pdf

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Author : David Sciulli
Publisher : Cambridge University Press
Page : 382 pages
File Size : 52,8 Mb
Release : 1992
Category : Political Science
ISBN : 9780521410403

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Theory of Societal Constitutionalism by David Sciulli Pdf

The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 53,6 Mb
Release : 2022-05-17
Category : LAW
ISBN : 9780674268029

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Against Constitutionalism by Martin Loughlin Pdf

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Author : Daniel Bonilla Maldonado
Publisher : Cambridge University Press
Page : 128 pages
File Size : 52,6 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107067936

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Constitutionalism of the Global South by Daniel Bonilla Maldonado Pdf

The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.

Author : Morris Kiwinda Mbondenyi,Tom O. Ojienda
Publisher : Unknown
Page : 377 pages
File Size : 51,7 Mb
Release : 2013
Category : Africa
ISBN : OCLC:887251943

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Constitutionalism and Democratic Governance in Africa: Contemporary Perspectives from Sub-Saharan Africa by Morris Kiwinda Mbondenyi,Tom O. Ojienda Pdf