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The Making, Unmaking and Remaking of Africa’s Independence and Post-Independence Constitutions

The Making, Unmaking and Remaking of Africa’s Independence and Post-Independence Constitutions
Author: Nicodemus Fru Awasom
Publisher: Springer
Total Pages: 0
Release: 2024-10-31
Genre: Philosophy
ISBN: 9783031668074

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This book provides a collection of chapters that critically explore the making and development of Africa’s independence constitutions through the different phases in their full generality. Since independence, various constitutions from African countries have undergone a succession of changes, triggered by either the domestic or international environment or both. These processes constitute autonomous epochal ‘waves’ or ‘phases’ of constitution-making which need to be unpacked, historicised and explored in a systematic manner. This work, intended as a distinctive object of positive analysis, historicizes the independence constitutions of selected African states on either a country-specific or a comparative basis. A historical approach to the continental study of constitutions is rare, meaning the continental coverage of the book is justified by Africa’s rich diversity reflected in its multiple monarchical and colonial backgrounds. The book is of interest to academics interested in having a panoramic view of Africa's constitutional development from a historical perspective.


Ethnic Politics and State Power in Africa

Ethnic Politics and State Power in Africa
Author: Philip Roessler
Publisher: Cambridge University Press
Total Pages: 419
Release: 2016-12-15
Genre: Political Science
ISBN: 1107176077

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This book models the trade-off that rulers of weak, ethnically-divided states face between coups and civil war. Drawing evidence from extensive field research in Sudan and the Democratic Republic of the Congo combined with statistical analysis of most African countries, it develops a framework to understand the causes of state failure.


Sociology of Constitutions

Sociology of Constitutions
Author: Alberto Febbrajo
Publisher: Routledge
Total Pages: 299
Release: 2016-05-05
Genre: Law
ISBN: 1317052935

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This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.


Ethnic Diversity and Economic Instability in Africa

Ethnic Diversity and Economic Instability in Africa
Author: Hiroyuki Hino
Publisher: Cambridge University Press
Total Pages: 355
Release: 2012-07-19
Genre: Business & Economics
ISBN: 1107025990

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A challenge to the conventional idea that ethnic diversity is an important cause of Africa's poor economic performance.


A Sociology of Transnational Constitutions

A Sociology of Transnational Constitutions
Author: Chris Thornhill
Publisher: Cambridge University Press
Total Pages: 920
Release: 2019-10-24
Genre: Law
ISBN: 1316715140

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This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.


Africa and the Backlash Against International Courts

Africa and the Backlash Against International Courts
Author: Peter Brett
Publisher: Zed Books Ltd.
Total Pages: 267
Release: 2020-07-23
Genre: Political Science
ISBN: 1786993007

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At the start of the twenty-first century the story of Africa’s engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions’ authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa’s international relations, but that could potentially change the entire practice of international law.


Anonymous Power

Anonymous Power
Author: Okechukwu Ibeanu
Publisher: Springer Nature
Total Pages: 509
Release: 2022-01-28
Genre: Political Science
ISBN: 9811660581

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This book examines the structures and processes of political decision-making and governance in Nigeria. Since Nigeria returned to elected government in 1999, it has been observed that several factors account for the differences between the design of statutory structures and processes of political decision-making and how they operate in reality. In other words, there are wide gaps between statutes and practice of political decision-making. However, the nexus between the two remains largely understudied by political scientists. Instinctively, political scientists assume that informal influences in political decision-making are aberrations, episodic or temporary. This book is designed to interrogate the nexus between the formal and non-formal dimensions of the dynamics of political decision making in Nigeria and also provide evidence about the actual functioning of governmental structures in Nigeria. The thesis of the book is that the non-formal dimension of political decision making as evidenced in rising ethno-political patronages, religious sentiments, clientelism and factionalism, are interacting with formal decision-making structures in ways that largely undermine the latter and, by extension, the democratic system. The book pursues this thesis by examining the roles of actors and institutions including, electoral choices made by voters, legislations, which perhaps is the most fundamental form of political decision-making, policies made by the executive and administration, as well as decision making within political parties, since parties are sites for articulating and aggregating issues on which decisions are to be made.


The Global Community Yearbook of International Law and Jurisprudence 2018

The Global Community Yearbook of International Law and Jurisprudence 2018
Author: Giuliana Ziccardi Capaldo
Publisher: Oxford University Press, USA
Total Pages: 993
Release: 2019-08-29
Genre: Law
ISBN: 0190072504

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The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2018 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions' legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia's tobacco plain packaging measure; Israel's acceptance of Palestinian statehood contingent upon prior Palestinian "demilitarization" is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.


Constitutional Identity and Constitutionalism in Africa

Constitutional Identity and Constitutionalism in Africa
Author:
Publisher: Oxford University Press
Total Pages: 438
Release: 2024-01-23
Genre: Law
ISBN: 0198906323

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In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.