Promoting Efficiency In Jurisprudence And Constitutional Development In Africa

Author : Azubike Onuora-Oguno
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2023
Category : Electronic
ISBN : 3031138155

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Promoting Efficiency in Jurisprudence and Constitutional Development in Africa by Azubike Onuora-Oguno Pdf

"This is an important book. We live in a now totally interdependent world. To develop a viable world order demands that its nations work together to address, and learn from each other how best to address, the common problems they face. Unfortunately, many in the West lack knowledge about and consequently have a distorted view of life in Africa. This collection of essays from leading scholars throughout the continent helps to rectify this imbalance. The essays discuss, from an African perspective, issues that pervade the world: climate change, the Covid virus, internal displacement, socio-economic and human rights. The central theme is the need to develop political and legal institutions and practices to address these issues. so as to build societies and a world order that benefit all people. We can all benefit from reading this book." -Thomas Kleven, Professor of Law, Thurgood Marshall School of Law, Houston, Texas, USA This book eulogises a personality that has constructed a formidable scholarly and personal legacy that future generations of legal practitioners and socio-legal scholars in Africa should look to for guidance and inspiration. Divided into three parts, the book deals with a longstanding legal practice and scholarship on the role of international law and institutions. Additionally, the book discussed roles of an African scholar and practitioner to advance socio-economic and cultural rights across the continent, through contextualised, progressive adjudication and from a gendered perspective. Finally, the book examined the importance of early-childhood education and legal education alike, the role of the courts in redressing these concerns and the need for greater inclusion of Afro and queer-sensitive pedagogies and perspectives. Contributors to the book address the role of schools in redressing systemic marginalisation-including stigmatisation based on disability-and efforts to translate their rights as prescribed in national constitutions and international legal instruments. The methodology encompasses a TWAIL approach and the call to revisit orthodox approaches to legal scholarship. Azubike Chinwuba Onuora-Oguno is Associate Professor in the Faculty of Law, University of Ilorin, Nigeria.

Author : Azubike Onuora-Oguno
Publisher : Springer Nature
Page : 354 pages
File Size : 44,8 Mb
Release : 2022-11-14
Category : Political Science
ISBN : 9783031138140

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Promoting Efficiency in Jurisprudence and Constitutional Development in Africa by Azubike Onuora-Oguno Pdf

This book eulogises a personality that has constructed a formidable scholarly and personal legacy that future generations of legal practitioners and socio-legal scholars in Africa should look to for guidance and inspiration. Divided into three parts, the book deals with a longstanding legal practice and scholarship on the role of international law and institutions. Additionally, the book discussed roles of an African scholar and practitioner to advance socio-economic and cultural rights across the continent, through contextualised, progressive adjudication and from a gendered perspective. Finally, the book examined the importance of early-childhood education and legal education alike, the role of the courts in redressing these concerns and the need for greater inclusion of Afro and queer-sensitive pedagogies and perspectives. Contributors to the book address the role of schools in redressing systemic marginalisation—including stigmatisation based on disability—and efforts to translate their rights as prescribed in national constitutions and international legal instruments. The methodology encompasses a TWAIL approach and the call to revisit orthodox approaches to legal scholarship.

Author : Joseph Oloka-Onyango
Publisher : Fountain Books
Page : 368 pages
File Size : 48,8 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 : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 572 pages
File Size : 50,5 Mb
Release : 2010
Category : Business & Economics
ISBN : 0702184802

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Socio-economic Rights by Sandra Liebenberg Pdf

Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Author : Ololade Shyllon
Publisher : Pretoria University Law Press
Page : 268 pages
File Size : 52,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 8210379456XXX

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Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa by Ololade Shyllon Pdf

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

Author : Charles M. Fombad,Nathaniel A Inegbedion,Thulani R Maseko,Lukman Abdulrauf,Tinashe Chigwata,Donald Rukare,Wandisa Phama,Palesa Madi,Makanatsa Makonese,Kamotho Waiganjo,Jane R Serwanga
Publisher : PULP
Page : 247 pages
File Size : 51,9 Mb
Release : 2016-12-30
Category : Constitutional history
ISBN : 9781920538651

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THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects by Charles M. Fombad,Nathaniel A Inegbedion,Thulani R Maseko,Lukman Abdulrauf,Tinashe Chigwata,Donald Rukare,Wandisa Phama,Palesa Madi,Makanatsa Makonese,Kamotho Waiganjo,Jane R Serwanga Pdf

Author : Charles Manga Fombad
Publisher : Oxford University Press
Page : 417 pages
File Size : 42,5 Mb
Release : 2017
Category : Law
ISBN : 9780198810216

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Constitutional Adjudication in Africa by Charles Manga Fombad Pdf

Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.

Author : Veronica Federico,Carlo Fusaro
Publisher : Firenze University Press
Page : 222 pages
File Size : 42,5 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

Author : Godwin R. Murunga,Duncan Okello,Anders Sjogren
Publisher : Zed Books Ltd.
Page : 203 pages
File Size : 54,6 Mb
Release : 2014-12-11
Category : Political Science
ISBN : 9781780323688

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Kenya by Godwin R. Murunga,Duncan Okello,Anders Sjogren Pdf

The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.

Author : George Duke,Robert P. George
Publisher : Cambridge University Press
Page : 469 pages
File Size : 42,6 Mb
Release : 2017-06-16
Category : Law
ISBN : 9781107120518

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The Cambridge Companion to Natural Law Jurisprudence by George Duke,Robert P. George Pdf

This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

Author : Anonim
Publisher : Unknown
Page : 180 pages
File Size : 51,9 Mb
Release : 2016
Category : Electronic
ISBN : 9176710521

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Judicial Review Systems in West Africa: a Comparative Analysis by Anonim Pdf

This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Author : James Thuo Gathii
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 55,7 Mb
Release : 2020-11-26
Category : Law
ISBN : 9780198868477

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The Performance of Africa's International Courts by James Thuo Gathii Pdf

This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.

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 : 48,7 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.

Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 41,6 Mb
Release : 1985-09-30
Category : Social Science
ISBN : 9781349179688

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An Introduction to the Study of the Law of the Constitution by A.V. Dicey Pdf

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.