Fostering Constitutionalism In Africa

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Fostering Constitutionalism in Africa

Author : Charles Manga Fombad
Publisher : PULP
ISBN 13 : 0981442080
Total Pages : 414 pages
Book Rating : 4.9/5 (814 download)

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Book Synopsis Fostering Constitutionalism in Africa by : Charles Manga Fombad

Download or read book Fostering Constitutionalism in Africa written by Charles Manga Fombad and published by PULP. This book was released on 2010 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication This volume comprises a small selection of papers first presented at the 2007 African Network of Constitutional Lawyers' conference in Nairobi. With contributions from Côte d'Ivoire, Nigeria, Zambia, Malawi and the DRC, they cross the legal and language divides in Africa. Each paper raises issues that concern all Africans committed to good governance and human rights. They provide thought-provoking discussions of constitutional change and maintaining constitutional stability; ways of controlling the power of the executive; and who should control prosecutions, the executive or an independent body. They identify many challenges and try to chart new directions for the entrenchment of constitutionalism on the continent. All the contributions are in English and French to encourage a truly continental debate on these topical issues. This book is the first in the 'Rule of Law in Africa' series and the financial assistance of the World Bank is gratefully acknowledged. About the editors: Charles Fombad is Professor of law and Head of Department of Public Law at the Faculty of Law, University of Pretoria. Christina Murray is Professor of Human Rights and Constitutional Law at the University of Cape Town.

Fostering Constitutionalism in Africa

Author : Charles Manga Fombad
Publisher :
ISBN 13 : 9789814420822
Total Pages : 396 pages
Book Rating : 4.4/5 (28 download)

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Book Synopsis Fostering Constitutionalism in Africa by : Charles Manga Fombad

Download or read book Fostering Constitutionalism in Africa written by Charles Manga Fombad and published by . This book was released on 2010 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism and Society in Africa

Author : Okon Akiba
Publisher : Routledge
ISBN 13 : 1351949365
Total Pages : 183 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Constitutionalism and Society in Africa by : Okon Akiba

Download or read book Constitutionalism and Society in Africa written by Okon Akiba and published by Routledge. This book was released on 2017-03-02 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Decentralization and Constitutionalism in Africa

Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0192585037
Total Pages : 673 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Decentralization and Constitutionalism in Africa by : Charles M. Fombad

Download or read book Decentralization and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2019-09-10 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corruption and Constitutionalism in Africa

Author : Charles M. Fombad
Publisher : Oxford University Press, USA
ISBN 13 : 0198855591
Total Pages : 561 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Corruption and Constitutionalism in Africa by : Charles M. Fombad

Download or read book Corruption and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press, USA. This book was released on 2020-03-12 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitution-Making under UN Auspices

Author : Vijayashri Sripati
Publisher : Oxford University Press
ISBN 13 : 0199098360
Total Pages : 374 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Constitution-Making under UN Auspices by : Vijayashri Sripati

Download or read book Constitution-Making under UN Auspices written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2020-01-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

Democracy, Elections, and Constitutionalism in Africa

Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0192647814
Total Pages : 624 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Democracy, Elections, and Constitutionalism in Africa by : Charles M. Fombad

Download or read book Democracy, Elections, and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2021-03-18 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutions and Conflict Management in Africa

Author : Alan J. Kuperman
Publisher : University of Pennsylvania Press
ISBN 13 : 0812246586
Total Pages : 304 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Constitutions and Conflict Management in Africa by : Alan J. Kuperman

Download or read book Constitutions and Conflict Management in Africa written by Alan J. Kuperman and published by University of Pennsylvania Press. This book was released on 2015-07-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Constitutional Identity and Constitutionalism in Africa

Author : Charles M Fombad
Publisher : Oxford University Press
ISBN 13 : 0198906307
Total Pages : 353 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Constitutional Identity and Constitutionalism in Africa by : Charles M Fombad

Download or read book Constitutional Identity and Constitutionalism in Africa written by Charles M Fombad and published by Oxford University Press. This book was released on 2024-05-22 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.

Constitutionalism in Africa

Author : Joseph Oloka-Onyango
Publisher : Fountain Books
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutionalism in Africa by : Joseph Oloka-Onyango

Download or read book Constitutionalism in Africa written by Joseph Oloka-Onyango and published by Fountain Books. This book was released on 2001 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Public Participation in African Constitutionalism

Author : Tania Abbiate
Publisher : Routledge
ISBN 13 : 1351719645
Total Pages : 478 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Public Participation in African Constitutionalism by : Tania Abbiate

Download or read book Public Participation in African Constitutionalism written by Tania Abbiate and published by Routledge. This book was released on 2017-11-22 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Separation of Powers in African Constitutionalism

Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0191077925
Total Pages : 500 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Separation of Powers in African Constitutionalism by : Charles M. Fombad

Download or read book Separation of Powers in African Constitutionalism written by Charles M. Fombad and published by Oxford University Press. This book was released on 2016-03-03 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Comparative Constitutional Law in Africa

Author : Rosalind Dixon
Publisher : Edward Elgar Publishing
ISBN 13 : 1839106891
Total Pages : 419 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Comparative Constitutional Law in Africa by : Rosalind Dixon

Download or read book Comparative Constitutional Law in Africa written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corruption and Constitutionalism in Africa

Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 019259768X
Total Pages : 560 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Corruption and Constitutionalism in Africa by : Charles M. Fombad

Download or read book Corruption and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2020-03-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Identity, Diversity, and Constitutionalism in Africa

Author : Francis Mading Deng
Publisher : US Institute of Peace Press
ISBN 13 : 1601270348
Total Pages : 290 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Identity, Diversity, and Constitutionalism in Africa by : Francis Mading Deng

Download or read book Identity, Diversity, and Constitutionalism in Africa written by Francis Mading Deng and published by US Institute of Peace Press. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects

Author : Charles M. Fombad
Publisher : PULP
ISBN 13 : 1920538658
Total Pages : 247 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects by : Charles M. Fombad

Download or read book THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects written by Charles M. Fombad and published by PULP. This book was released on 2016-12-30 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Separation of Powers in African Constitutionalism

Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0191077917
Total Pages : 444 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Separation of Powers in African Constitutionalism by : Charles M. Fombad

Download or read book Separation of Powers in African Constitutionalism written by Charles M. Fombad and published by Oxford University Press. This book was released on 2016-03-03 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.