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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.
Political Corruption in Africa by Inge Amundsen Pdf
Analysing political corruption as a distinct but separate entity from bureaucratic corruption, this timely book separates these two very different social phenomena in a way that is often overlooked in contemporary studies. Chapters argue that political corruption includes two basic, critical and related processes: extractive and power-preserving corruption.
A Multidimensional Perspective on Corruption in Africa by Sunday Bobai Agang,Chris Jones,Pregala Pillay Pdf
This book brings together a number of African anti-corruption policy makers from across different academic disciplines, religions, and generations. It engages in processes of economic, social, and political transformation to eliminate poverty and inequity, through individual and institutional means. Through historical and contemporary perspectives on authority structures, institutionalised myths, beliefs, and rituals of authority, the volume explores how to correctly mobilise and influence citizens’ behaviour and attitudes towards accountability, transparency and probity, all of which are key to strengthening national integrity systems all over Africa, and are needed for equity and sustainable development. The book strongly advocates that corruption is everybody’s business. All the chapters in some way commemorate the inaugural anti-corruption year of the African Union in 2018 by interrogating how mechanisms to eliminate inequity and poverty can be built in Africa.
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 Development in Africa by K. Hope,B. Chikulo Pdf
Bringing together a distinguished cast of contributors, the book provides an authoritative and definitive analysis of the theory, practice and development impact of corruption in Africa. Combating corruption is demonstrated to require greater priority in the quest for African development.
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.
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.
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.
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.
Comparative Constitutional Law in Africa by Rosalind Dixon,Tom Ginsburg,Adem Abebe Pdf
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
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.
Corruption and Human Rights Law in Africa by Kolawole Olaniyan Pdf
This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.
Corruption, as a social science, has been mystified and even ignored for many generations. Not many people would like to talk about this subject, openly and transparently. Now, it is becoming a subject of great concern, not only in the developing nations but also in the developed world. The subject has impacted so negatively in our social, economic and political life, that we can no longer keep quiet about it. Corruption is eroding the moral values of many nations and consigning many people to perpetual poverty and deprivation. To me this is a subject that is becoming more important and critical than even civics and geography in schools. It is a subject that touches and affects the morality of nations. I have a passionate concern, that, if we in Africa want to make Africa a better place to live in, then we must address this subject with the seriousness it deserves. Like any other social science, this subject should be introduced in our schools, and colleges, so that our young people, could be made acutely aware of the evils of this vice, and how it could be eradicated from our society. If this is done, our future generations will live in a much better society than we are today. There should also be programmes in place, organized by the civil society, and other agencies to educate the masses about the consequences of corruption in society. I do, however, appreciate that without available materials, my propositions could not be feasible. This book therefore, is intended to form a good source of Civic Education Material into Corruption in Africa and more specifically, in Kenya. The book has been written with those educational objectives, specifically in mind. It is the intention of this book to show that corruption poses a serious challenge in terms of the economic, political and social development in the AfricanContinent. Corruption undermines democratic institutions and good governance in the political landscape. It reduces accountability and negates representation and policymaking in the electoral process. It abrogates the rule of law in the judiciary. Corruption also encourages nepotism resulting into unequal provision of resources to the population in the public sector. The book further endeavours to show, that corruption undermines the legitimacy of government, and such democratic values as human rights, respect for therule of law, trust and tolerance. Corruption also does undermine economic development by advancing narrow and selfish economic policies and incompetence, in the delivery of services to the people. This book seeks to analyze, how corruption in public institutions, has squandered the national wealth, and impoverished the people. There is also a critical analysis on bureaucratic corruption, and how the public officers achieve their objectives, by diverting public investment away from social and people friendly projects, such as poverty reduction, education, health and housing, into capital projects, simply to attract bribes for individual benefits. The book examines institutional corruption in various departments of government, including the Police, Judiciary, Public Works, Immigration, Revenue Authority, Lands, Local Government and many other public institutions. The book also examines corruption in the public and private sectors, including public corporations, political banks, educational institutions and how the general public, have also contributed to the vice. The book further, examines corruption in other African countries, and makes, useful comparisons. It goes on to deal with measures that are being put in place,both in Kenya, and other African countries to fight corruption nationally, and internationally. The Anti-Corruption and Economic Crimes Act, and the Public Servants Ethics Act that the Kenya Government, has put in place are discussed in some detail. The role of civil society and other organizations like Transparency International, and the media in the fight against corr
Corruption, Good Governance, and the African State by Ganahl, Joseph Patrick Pdf
African states are often called corrupt, indicating that the political system in Africa differs from the one prevalent in economically advanced democracies. This, however, does not give us any insight into what makes corruption the dominant norm of African statehood. Thus we must turn to the overly neglected theoretical work on the political economy of Africa in order to determine how the poverty of governance in Africa is firmly anchored both in Africa’s domestic socioeconomic reality, as well as in the region’s role in the international economic order. Instead of focusing on increased monitoring, enforcement and formal democratic procedures, this book combines economic analysis with political theory in order to arrive at a better understanding of the political-economic roots of corruption in Sub-Saharan Africa.