Constitutionalism And The Economy In Africa

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Constitutionalism and the Economy in Africa

Charles M. Fombad,Nico Steytler
Constitutionalism and the Economy in Africa Book PDF

Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 465 pages
File Size : 47,6 Mb
Release : 2022-11-14
Category : Law
ISBN : 9780192886453

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Constitutionalism and the Economy in Africa by Charles M. Fombad,Nico Steytler Pdf

Despite expectations that the celebrated second wave of constitutional democracy in the 1990s would facilitate economic development, Africa remains the continent with the highest level of poverty in the world. The fight against poverty hinges on a vibrant economy that creates jobs and income by generating enough revenue to enable the state to take pro-development measures. However, instead of the economic benefits that were supposed to accrue from the constitutional reforms of the last three decades (including entrenching a market economy), African economies remain weak, a situation that has been aggravated by the COVID-19 pandemic. By focusing on the relationship between constitutionalism and economic growth in Africa, this volume addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy, and if so, in what manner? (2) Given that agriculture and extractive industries are the main sources of state revenue in many African economies, how are matters of land and other natural resources dealt with constitutionally? (3) Where the market economy is captured in a constitution, what is the state's relationship to that economy: interventionist or laissez-faire, or somewhere in between? Have constitutions also established a 'social' state that provides its citizens with the basic elements of a dignified life? (4) In the process of constitution-making and implementation concerning the economy, what impact has globalization had on constitutionalism and economic growth in Africa? (5) Finally, how has the relationship between constitutionalism and economic growth played out in practice? Is there a symbiotic relationship? Has constitutionalism led (or may do so) to greater economic prosperity? Constitutionalism and the Economy in Africa offers a range of comprehensive arguments and case studies that will be of interest and use to academics, post-graduate students, judges, lawyers, economists, and policy makers involved in the economic role of the State, the impact of globalization, and the constitutional foundations for land and natural resources exploitation.

Constitutionalism and the Economy in Africa

Charles Manga Fombad
Constitutionalism and the Economy in Africa Book PDF

Author : Charles Manga Fombad
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2022
Category : Africa
ISBN : 0192886444

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Constitutionalism and the Economy in Africa by Charles Manga Fombad Pdf

This edited volume looks at the relationship between constitutional law and the African political economy. It tackles a range of issues from the impact of globalization to the State's role in the economy, and the constitutional foundations for land and natural resources exploitation, regulation and protection.

Constitutionalism and Society in Africa

Okon Akiba
Constitutionalism and Society in Africa Book PDF

Author : Okon Akiba
Publisher : Routledge
Page : 183 pages
File Size : 50,5 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.

Decentralization and Constitutionalism in Africa

Charles M. Fombad,Nico Steytler
Decentralization and Constitutionalism in Africa Book PDF

Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 673 pages
File Size : 53,9 Mb
Release : 2019-09-10
Category : Law
ISBN : 9780192585035

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Decentralization and Constitutionalism in Africa by Charles M. Fombad,Nico Steytler Pdf

This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.

Protecting Minority Rights in African Countries

John M. Mbaku
Protecting Minority Rights in African Countries Book PDF

Author : John M. Mbaku
Publisher : Edward Elgar Publishing
Page : 364 pages
File Size : 50,6 Mb
Release : 2018-01-26
Category : Political Science
ISBN : 9781786438614

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Protecting Minority Rights in African Countries by John M. Mbaku Pdf

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens - including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa's struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities.From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

Corruption and Constitutionalism in Africa

Charles M. Fombad,Nico Steytler
Corruption and Constitutionalism in Africa Book PDF

Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 560 pages
File Size : 54,5 Mb
Release : 2020-03-12
Category : Law
ISBN : 9780192597687

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Corruption and Constitutionalism in Africa by Charles M. Fombad,Nico Steytler Pdf

This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.

Comparative Constitutionalism and Good Governance in the Commonwealth

John Hatchard,Muna Ndulo,Peter Slinn
Comparative Constitutionalism and Good Governance in the Commonwealth Book PDF

Author : John Hatchard,Muna Ndulo,Peter Slinn
Publisher : Cambridge University Press
Page : 389 pages
File Size : 48,8 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.

Democracy, Constitutionalism, and Politics in Africa

Eunice N. Sahle
Democracy Constitutionalism and Politics in Africa Book PDF

Author : Eunice N. Sahle
Publisher : Springer
Page : 299 pages
File Size : 43,5 Mb
Release : 2017-07-06
Category : Political Science
ISBN : 9781137555922

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Democracy, Constitutionalism, and Politics in Africa by Eunice N. Sahle Pdf

This volume explores contemporary political developments in various parts of Africa in the age of democracy, constitutionalism, the securitization of development, and global terrorism. The contributions by leading observers of constitutionalism and African politics in the context of a global political and economic system provide a nuanced understanding of important themes in contemporary African politics: constitutionalism, democratic politics and governance, women’s rights, the African Union, securitization of development, civil society, and debates concerning global terrorism and the war on terror. As such, it will be of great interest to scholars, civil society organizations, and public policy makers interested in contemporary African politics.

Constitutionalism and Democratic Transitions

Veronica Federico,Carlo Fusaro
Constitutionalism and Democratic Transitions Book PDF

Author : Veronica Federico,Carlo Fusaro
Publisher : Firenze University Press
Page : 222 pages
File Size : 54,7 Mb
Release : 2006
Category : Law
ISBN : 9788884534019

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Constitutionalism and Democratic Transitions by Veronica Federico,Carlo Fusaro Pdf

"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description

Constitutionalism in Africa

Joseph Oloka-Onyango
Constitutionalism in Africa Book PDF

Author : Joseph Oloka-Onyango
Publisher : Fountain Books
Page : 368 pages
File Size : 54,5 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.

Contextualizing Constitutionalism

Gedion Timothewos Hessebon
Contextualizing Constitutionalism Book PDF

Author : Gedion Timothewos Hessebon
Publisher : Boom Juridische
Page : 0 pages
File Size : 41,5 Mb
Release : 2017
Category : Africa
ISBN : 946236771X

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Contextualizing Constitutionalism by Gedion Timothewos Hessebon Pdf

There are certain structural factors in the demographic composition, political economy, and history of many African countries, which can establish a hostile political matrix to multi-party democracy. From this matrix emanates the prevalence of antagonistic relations and competition among ethnic groups, as well as the problem of abuse of incumbency. The main argument advanced in this book is that there is a need for contextualizing constitutionalism in order to respond to these problems and to optimize the chances of prosperous, enduring democracies in Africa. Contextualization of constitutionalism is the process through which the generic concept of constitutionalism can be adapted, expanded, and effectively deployed to meet the specific criteria and needs of countries with different political environments from the regions where its concept was founded. This book applies a comparative case study of Ethiopia, Ghana, Nigeria, and Kenya to demonstrate how such contextualization might work. [Subject: Constitutional Law, Politics, African Law, International Law]

Constitutional Democracy in Africa: The pillars supporting constitutional democracy

Benjamin Obi Nwabueze
Constitutional Democracy in Africa The pillars supporting constitutional democracy Book PDF

Author : Benjamin Obi Nwabueze
Publisher : Unknown
Page : 424 pages
File Size : 54,7 Mb
Release : 2003
Category : Fiction
ISBN : STANFORD:36105121600568

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Constitutional Democracy in Africa: The pillars supporting constitutional democracy by Benjamin Obi Nwabueze Pdf

This five-volume work received a Special Commendation in the 2005 Noma Award for Publishing in Africa. The Jury cited the work as: "A magisterial and authoritative treatment of all aspects of constitutional democracy in Africa. The author cares very deeply about democracy thriving in Africa, but never weakens his objectivity in assessing its history or prospects. It places the author securely as one of Africa's great scholars."

A Theory of African Constitutionalism

Berihun Adugna Gebeye
A Theory of African Constitutionalism Book PDF

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 272 pages
File Size : 43,9 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.

Constitutional Democracy in Africa: Constitutionalism, authoritarianism and statism

Benjamin Obi Nwabueze
Constitutional Democracy in Africa Constitutionalism authoritarianism and statism Book PDF

Author : Benjamin Obi Nwabueze
Publisher : Unknown
Page : 428 pages
File Size : 49,5 Mb
Release : 2003
Category : Literary Criticism
ISBN : STANFORD:36105121811173

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Constitutional Democracy in Africa: Constitutionalism, authoritarianism and statism by Benjamin Obi Nwabueze Pdf

This five-volume work received a Special Commendation in the 2005 Noma Award for Publishing in Africa. The Jury cited the work as: "A magisterial and authoritative treatment of all aspects of constitutional democracy in Africa. The author cares very deeply about democracy thriving in Africa, but never weakens his objectivity in assessing its history or prospects. It places the author securely as one of Africa's great scholars."

The State and Constitutionalism in Southern Africa

Owen Sichone
The State and Constitutionalism in Southern Africa Book PDF

Author : Owen Sichone
Publisher : Sapes Books
Page : 112 pages
File Size : 53,8 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105021668228

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The State and Constitutionalism in Southern Africa by Owen Sichone Pdf

Six academics, including the distinguished Tanzanian law professor Issa Shivji, contribute papers to this critical study of the prospects of constitutionalism in some southern African states. The theme of the papers relates to a conference about the problems the state and constitutionalism pose for the process of democratisation in southern African. The papers are: The Constitution and the Democratisation Process in Malawi; Namibia's Constitution: Vision and Reality; Problems of Constitution-making as consenses-building: The Tanzanian Experience; The Constitution of Zambia: its Strengths and Weaknesses; and Electoral Procedures and Processes in Zimbabwe.