A Theory Of African Constitutionalism PDF Download
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| Author | : Berihun Adugna Gebeye |
| Publisher | : Oxford University Press |
| Total Pages | : 272 |
| Release | : 2021-07-08 |
| Genre | : Law |
| ISBN | : 0192646141 |
Download A Theory of African Constitutionalism Book in PDF, ePub and Kindle
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.
| Author | : Charles Manga Fombad |
| Publisher | : Oxford University Press |
| Total Pages | : 444 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198759797 |
Download Separation of Powers in African Constitutionalism Book in PDF, ePub and Kindle
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
| Author | : Okon Akiba |
| Publisher | : Routledge |
| Total Pages | : 183 |
| Release | : 2017-03-02 |
| Genre | : Political Science |
| ISBN | : 1351949365 |
Download Constitutionalism and Society in Africa Book in PDF, ePub and Kindle
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.
| Author | : Tania Abbiate |
| Publisher | : Routledge |
| Total Pages | : 318 |
| Release | : 2017-11-22 |
| Genre | : Political Science |
| ISBN | : 1351719645 |
Download Public Participation in African Constitutionalism Book in PDF, ePub and Kindle
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.
| Author | : Daniel Bonilla Maldonado |
| Publisher | : Cambridge University Press |
| Total Pages | : 421 |
| Release | : 2013-04-18 |
| Genre | : Law |
| ISBN | : 1107067936 |
Download Constitutionalism of the Global South Book in PDF, ePub and Kindle
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
| Author | : Andrea Lollini |
| Publisher | : Berghahn Books |
| Total Pages | : 240 |
| Release | : 2011 |
| Genre | : History |
| ISBN | : 1845457641 |
Download Constitutionalism and Transitional Justice in South Africa Book in PDF, ePub and Kindle
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.
| Author | : Charles M. Fombad |
| Publisher | : |
| Total Pages | : 673 |
| Release | : 2019-08-22 |
| Genre | : Africa |
| ISBN | : 0198846150 |
Download Decentralization and Constitutionalism in Africa Book in PDF, ePub and Kindle
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.
| Author | : Joseph Oloka-Onyango |
| Publisher | : Fountain Books |
| Total Pages | : 368 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : |
Download Constitutionalism in Africa Book in PDF, ePub and Kindle
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 | : Charles M. Fombad |
| Publisher | : Oxford University Press |
| Total Pages | : 624 |
| Release | : 2021-03-18 |
| Genre | : Law |
| ISBN | : 0192647814 |
Download Democracy, Elections, and Constitutionalism in Africa Book in PDF, ePub and Kindle
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.
| Author | : John Hatchard |
| Publisher | : Cambridge University Press |
| Total Pages | : 389 |
| Release | : 2004-07-08 |
| Genre | : Law |
| ISBN | : 1139451227 |
Download Comparative Constitutionalism and Good Governance in the Commonwealth Book in PDF, ePub and Kindle
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.
