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Author : N. Steytler,Y. Ghai
Publisher : Unknown
Page : 512 pages
File Size : 43,6 Mb
Release : 2016-01-20
Category : Electronic
ISBN : 1485109205
Author : Kinuthia Wamwangi
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2022
Category : Decentralization in government
ISBN : 9966512160
Author : Charles Manga Fombad,Assefa Fiseha,Nico Steytler
Publisher : Taylor & Francis
Page : 245 pages
File Size : 44,8 Mb
Release : 2022-09-06
Category : Political Science
ISBN : 9781000625134
This book argues that a leading cause of the political instability in the Horn of Africa is a crisis of governance, caused by extreme centralization of power, weak institutions, and the failure to institutionalise the responsible use of authority. In recent years, many attempts have been made to resolve the ongoing conflicts in Somalia and South Sudan, but problems remain, and in 2019 the instability spread to Ethiopia. This book critically examines how many of the governance problems in the region can be addressed through institutional design. The central argument is that an inclusive system of governance through federalism, devolution, and inclusive political institutions as well as ensuring the institutionalization of power through strengthening the rule of law has the potential to make governments more accountable, inclusive, and be able to deliver critical services. Such systems ensure relative stability and peace and reduce the risks of state fragmentation – a major concern in the region. Demonstrating that the threats of further fragmentation and conflict due to the crisis of governance are likely to continue unless serious steps are taken to deal with the situation, the book will be an important read for researchers and policy makers with an interest in peacemaking, politics, constitutional law, and federalism in the region.
Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 673 pages
File Size : 45,6 Mb
Release : 2019-09-10
Category : Law
ISBN : 9780192585035
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.
Author : Rosalind Dixon,Tom Ginsburg,Adem Abebe
Publisher : Edward Elgar Publishing
Page : 419 pages
File Size : 51,6 Mb
Release : 2022-12-06
Category : Law
ISBN : 9781839106897
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.
Author : George Anderson,Sujit Choudhry
Publisher : Oxford University Press
Page : 464 pages
File Size : 52,8 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192573605
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author : Rosalind Dixon,Theunis Roux
Publisher : Cambridge University Press
Page : 471 pages
File Size : 47,6 Mb
Release : 2018-04-19
Category : History
ISBN : 9781108415330
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Author : Francesco Palermo,Elisabeth Alber
Publisher : Hotei Publishing
Page : 538 pages
File Size : 53,9 Mb
Release : 2015-02-24
Category : Law
ISBN : 9789004274518
Accounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance. Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies. The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.
Author : Yonatan T. Fessha,Karl Kössler
Publisher : Routledge
Page : 176 pages
File Size : 42,9 Mb
Release : 2020-03-18
Category : Law
ISBN : 9781000042245
This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.
Author : Sébastien Jodoin,Joana Setzer,Alan Fenna
Publisher : Cambridge University Press
Page : 367 pages
File Size : 46,8 Mb
Release : 2023-04-30
Category : Business & Economics
ISBN : 9781009249652
A review of federal and decentralised systems of governance, and whether these facilitate or hinder climate change mitigation and adaptation.
Author : John Kincaid
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 53,5 Mb
Release : 2019-12-27
Category : Political Science
ISBN : 9781788112970
In this forward-thinking book, fifteen leading scholars set forth cutting-edge agendas for research on significant facets of federalism, including basic theory, comparative studies, national and subnational constitutionalism, courts, self-rule and shared rule, centralization and decentralization, nationalism and diversity, conflict resolution, gender equity, and federalism challenges in Africa, Asia, and the European Union. More than 40 percent of the world’s population lives under federal arrangements, making federalism not only a major research subject but also a vital political issue worldwide.
Author : Nico Steytler
Publisher : BRILL
Page : 378 pages
File Size : 48,9 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004337572
Concurrency of powers is a key to governance in most federal systems. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, is the first to examine from a comparative perspective its various manifestations, reasons for emergence, and management strategies.
Author : Nico Steytler,Balveer Arora,Rekha Saxena
Publisher : Taylor & Francis
Page : 181 pages
File Size : 40,8 Mb
Release : 2020-11-12
Category : Political Science
ISBN : 9781000226072
This book explores new avenues of international research in comparative federal studies. It re-examines the conceptual tools and methodologies for understanding federal systems, and the role of comparative federalism in the dissemination and implementation of federal concepts. It highlights the influence of comparative federalism on constitution-making as well as constitutional reforms. The volume provides innovative and pragmatic perspectives from both the Global North and the Global South, with case studies drawn from established federations such as India, Canada, Australia, and Austria, and emerging federal systems such as Italy and South Africa. Advocating a combined approach that integrates modern and traditional theoretical routes with practical insights and contemporary analyses, it discusses the issues of multilevel elections and federal governance; coalition governments and multiparty democracy in parliamentary federal systems, such as India; minority empowerment; gender budgeting; self-governance; multinational federalism; unitary states; the nation-state; and degenerating federalism. It also breaks new ground by looking at federalism from a gender perspective and deals with tools for measuring fiscal responsibility, and a social and cultural index. A tribute to the intellectual legacy of Ronald L. Watts, this volume will be useful to scholars and researchers of political science, federalism, comparative federal studies, political studies, comparative politics, governance, public administration and law, development studies, South Asian studies, and Global South and North studies as well policymakers, international government bodies, research institutes, development experts, and other organisations working in the area.
Author : Nicholas Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 598 pages
File Size : 52,7 Mb
Release : 2017-01-01
Category : Law
ISBN : 9781487500627
Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
Author : Nico Steytler
Publisher : Routledge
Page : 427 pages
File Size : 50,9 Mb
Release : 2021-10-27
Category : Political Science
ISBN : 9781000471366
This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.