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Judicial Independence In Africa
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Book Synopsis Judicial Independence in Africa by : Wahab O. Egbewole
Download or read book Judicial Independence in Africa written by Wahab O. Egbewole and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions. At the operational level, the Judiciary is regarded as the junior partner with the 'restrictions' on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary. To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts. All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples' Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it? This book, Judicial Independence in Africa set out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.
Author :Jennifer A. Widner Publisher :W W Norton & Company Incorporated ISBN 13 :9780393976892 Total Pages :464 pages Book Rating :4.9/5 (768 download)
Book Synopsis Building the Rule of Law by : Jennifer A. Widner
Download or read book Building the Rule of Law written by Jennifer A. Widner and published by W W Norton & Company Incorporated. This book was released on 2001 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.
Book Synopsis The Independence of the Judiciary and the Rule of Law by : Frederick W. Jjuuko
Download or read book The Independence of the Judiciary and the Rule of Law written by Frederick W. Jjuuko and published by . This book was released on 2005 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a regional workshop held in Kampala on 14 April 2005.
Book Synopsis Post-Election Violence in Africa by : Meshack Simati
Download or read book Post-Election Violence in Africa written by Meshack Simati and published by Routledge. This book was released on 2021-09-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the effect of the judiciary on the incidence of post-election violence by political actors across Africa and within African countries. It examines how variation in judicial independence can constrain or incentivize election violence among democratizing states. Using case studies and cross-national analysis, the book shows that variation in levels of judicial independence from a non-independent judiciary to a quasi-independent judiciary or from a fully independent judiciary to quasi-independent judiciary increases the likelihood of strategic use of post-election violence by non-state actors. However, the likelihood of post-election violence is significantly reduced in non-independent judiciaries or once countries' judiciaries become fully independent. The author makes the theoretical argument that, within unconsolidated states, non-state actors that view the judiciary as semi-independent are more likely to engage in post-election violence with the purpose of creating political and professional uncertainty in order to influence assertive behaviour from judges in disputed elections. Consequently, the book argues that semi-independent judiciaries or judiciaries that are neither fully controlled by the incumbent nor fully independent from the incumbent can help explain post-election violence among unconsolidated states, all else being equal. This book will be of interest to scholars of election violence, democratic politics, law and politics and African politics.
Book Synopsis Judicial Independence in Context by : Adam Dodek
Download or read book Judicial Independence in Context written by Adam Dodek and published by . This book was released on 2010 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada's controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.
Book Synopsis Judicial Review Systems in West Africa: a Comparative Analysis by :
Download or read book Judicial Review Systems in West Africa: a Comparative Analysis written by and published by . This book was released on 2016 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
Book Synopsis Getting Africa Out of the Dungeon by : Ateh-Afac Fossungu
Download or read book Getting Africa Out of the Dungeon written by Ateh-Afac Fossungu and published by African Books Collective. This book was released on 2019-08-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using one of the continents supposed pathfinders, Cameroon as case-study, this book interrogates judiciary in Africa in three domains. First, as the third branch of government, second, as the acknowledged umpire of federalism, and, finally, as a means of reversing the institutionalization of in-human rights and injustice administration in Africa. While examining the roots and causes of the persisting human rights and justice administration problems in Cameroon particularly, and Africa in general, the book through the tumbu-tumbu Long-Distance Government Theory (LDGT), argues for a rethinking and freeing of strategies currently used from close to a century of colonial and neo-colonial bondage, under the confusing covers of independence and of advanced democracy. The book challenges Africa to consider a mentality change, for a real judiciary transformative change. The book will interest legal practitioners, social anthropologists, development studies and political science practitioners, among other such practitioners in the social sciences and humanities.
Book Synopsis The Limits of Judicial Independence by : Tom S. Clark
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Book Synopsis The Judiciary in South Africa by : Cora Hoexter
Download or read book The Judiciary in South Africa written by Cora Hoexter and published by Juta and Company Ltd. This book was released on 2014 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a detailed account of all the most important aspects of the judiciary in South Africa, both now and in the past. Provides a general survey of the judiciary as an institution.
Book Synopsis African Judges, in Their Own Cause by : H. Kwasi Prempeh
Download or read book African Judges, in Their Own Cause written by H. Kwasi Prempeh and published by . This book was released on 2009 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay reviews Princeton political scientist Jennifer A. Widner's book, quot;Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africaquot; (2001).
Book Synopsis The Judicial Institution in Southern Africa by : Linda Van de Vijver
Download or read book The Judicial Institution in Southern Africa written by Linda Van de Vijver and published by Siber Ink. This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This stidy seeks to assess the formal provisions of the law regulating the appointment and conditions of service of judges across eleven legal systems in southern and east Africa, against a framework of idea principles. The chapters reveal an unevenness in the law and the practice relating to judial service, and rrecommendations for improvements are made.
Book Synopsis The Independence of the Judiciary and the Legal Profession in English-speaking Africa by : International Commission of Jurists (1952- )
Download or read book The Independence of the Judiciary and the Legal Profession in English-speaking Africa written by International Commission of Jurists (1952- ) and published by Commission. This book was released on 1988 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I: Lusaka seminar :
Book Synopsis The Judiciary in Africa by : Prince Bola Ajibola
Download or read book The Judiciary in Africa written by Prince Bola Ajibola and published by Gaunt. This book was released on 1998 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface.
Book Synopsis Ascendant Judiciary in East Africa by : J. B. Ojwang
Download or read book Ascendant Judiciary in East Africa written by J. B. Ojwang and published by . This book was released on 2013 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pathways to Judicial Power in Transitional States by : Rachel Ellett
Download or read book Pathways to Judicial Power in Transitional States written by Rachel Ellett and published by Routledge. This book was released on 2013-08-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.
Book Synopsis Judicial Independence in China by : Randall Peerenboom
Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
