Constitutionalism In Africa

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Constitutionalism in Africa

Joseph Oloka-Onyango
Constitutionalism in Africa Book PDF

Author : Joseph Oloka-Onyango
Publisher : Fountain Books
Page : 368 pages
File Size : 50,7 Mb
Release : 2001
Category : Africa
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.

Constitutionalism and Society in Africa

Okon Akiba
Constitutionalism and Society in Africa Book PDF

Author : Okon Akiba
Publisher : Routledge
Page : 222 pages
File Size : 47,5 Mb
Release : 2004
Category : Africa
ISBN : UOM:39015059280035

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Constitutionalism and Society in Africa by Okon Akiba Pdf

This 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.

Political Change and Constitutionalism in Africa

Okon Akiba
Political Change and Constitutionalism in Africa Book PDF

Author : Okon Akiba
Publisher : Routledge
Page : 366 pages
File Size : 41,8 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.

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 : 43,8 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.

Decentralization and Constitutionalism in Africa

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

Author : Charles M. Fombad,Nico Steytler
Publisher : Unknown
Page : 673 pages
File Size : 47,7 Mb
Release : 2019-08-22
Category : Africa
ISBN : 9780198846154

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

This edited collection explores how African governments have sought to decentralize power in order to enhance democratic governance. It offers a range of insightful case studies and makes a case for the usefulness of decentralization as a method of sharing power at all levels of society in Africa.

Public Participation in African Constitutionalism

Tania Abbiate,Markus Böckenförde,Veronica Federico
Public Participation in African Constitutionalism Book PDF

Author : Tania Abbiate,Markus Böckenförde,Veronica Federico
Publisher : Routledge
Page : 318 pages
File Size : 49,9 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.

Transnational Constitutionalism

Nicholas Tsagourias
Transnational Constitutionalism Book PDF

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 44,6 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.

Constitutionalism and Transitional Justice in South Africa

Andrea Lollini
Constitutionalism and Transitional Justice in South Africa Book PDF

Author : Andrea Lollini
Publisher : Berghahn Books
Page : 240 pages
File Size : 47,9 Mb
Release : 2011
Category : Law
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.

Separation of Powers in African Constitutionalism

Charles M. Fombad
Separation of Powers in African Constitutionalism Book PDF

Author : Charles M. Fombad
Publisher : Oxford University Press
Page : 500 pages
File Size : 47,5 Mb
Release : 2016-03-03
Category : Law
ISBN : 9780191077920

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Separation of Powers in African Constitutionalism by Charles M. Fombad Pdf

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Democracy, Elections, and Constitutionalism in Africa

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

Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 624 pages
File Size : 43,6 Mb
Release : 2021-03-18
Category : Law
ISBN : 9780192647818

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

The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety. This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy. The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.

Corruption and Constitutionalism in Africa

Charles M. Fombad,Nico Steytler,South African Research Chair in Multi-Level Government Law and Policy Nico Steytler
Corruption and Constitutionalism in Africa Book PDF

Author : Charles M. Fombad,Nico Steytler,South African Research Chair in Multi-Level Government Law and Policy Nico Steytler
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 46,8 Mb
Release : 2020-03-12
Category : Law
ISBN : 9780198855590

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Corruption and Constitutionalism in Africa by Charles M. Fombad,Nico Steytler,South African Research Chair in Multi-Level Government Law and Policy 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.

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 : 43,9 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.

Constitutionalism and Society in Africa

Okon Akiba
Constitutionalism and Society in Africa Book PDF

Author : Okon Akiba
Publisher : Routledge
Page : 183 pages
File Size : 44,5 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.

Building the Constitution

James Fowkes
Building the Constitution Book PDF

Author : James Fowkes
Publisher : Cambridge University Press
Page : 415 pages
File Size : 44,7 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781107124097

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Building the Constitution by James Fowkes Pdf

A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.

Constructing Democracy in Transitioning Societies of Africa

S. Wing
Constructing Democracy in Transitioning Societies of Africa Book PDF

Author : S. Wing
Publisher : Springer
Page : 245 pages
File Size : 41,8 Mb
Release : 2008-04-28
Category : Political Science
ISBN : 9780230612075

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Constructing Democracy in Transitioning Societies of Africa by S. Wing Pdf

This book explores the process by which constitutions and democratic institutions are constructed. Wing focuses on how innovative constitutional dialogues involving participation, negotiation, and recognition of groups previously excluded from political decision-making may be the key to a legitimate constitution.