Judicial Review Systems In West Africa A Comparative Analysis

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Judicial Review Systems in West Africa: a Comparative Analysis

Author :
Publisher :
ISBN 13 : 9789176710524
Total Pages : 180 pages
Book Rating : 4.7/5 (15 download)

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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.

Comparative Law in a Global Context

Author : Werner F. Menski
Publisher : Cambridge University Press
ISBN 13 : 1139452711
Total Pages : 565 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Comparative Law in a Global Context by : Werner F. Menski

Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Comparative legal systems

Author : Vincenzo Zeno-Zencovich
Publisher : Roma TrE-Press
ISBN 13 : 8832136201
Total Pages : 132 pages
Book Rating : 4.8/5 (321 download)

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Book Synopsis Comparative legal systems by : Vincenzo Zeno-Zencovich

Download or read book Comparative legal systems written by Vincenzo Zeno-Zencovich and published by Roma TrE-Press. This book was released on 2019-03-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.

Judicial Review and Electoral Law in a Global Perspective

Author : Cristina Fasone
Publisher : Bloomsbury Publishing
ISBN 13 : 1509957898
Total Pages : 591 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Review and Electoral Law in a Global Perspective by : Cristina Fasone

Download or read book Judicial Review and Electoral Law in a Global Perspective written by Cristina Fasone and published by Bloomsbury Publishing. This book was released on 2024-03-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.

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.

Citizenship Law in Africa

Author : Bronwen Manby
Publisher : African Minds
ISBN 13 : 1936133296
Total Pages : 121 pages
Book Rating : 4.9/5 (361 download)

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Book Synopsis Citizenship Law in Africa by : Bronwen Manby

Download or read book Citizenship Law in Africa written by Bronwen Manby and published by African Minds. This book was released on 2012-07-27 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Routledge Handbook of Democratization in Africa

Author : Gabrielle Lynch
Publisher : Routledge
ISBN 13 : 135162363X
Total Pages : 684 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Routledge Handbook of Democratization in Africa by : Gabrielle Lynch

Download or read book Routledge Handbook of Democratization in Africa written by Gabrielle Lynch and published by Routledge. This book was released on 2019-07-02 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the issues and debates surrounding the ongoing processes of democratization in sub-Saharan Africa, illuminating the central dynamics characterizing Africa’s democratic experiments, and considering the connections between democratization and economic, social, and cultural developments on the continent. Reflecting the diverse and rich nature of this field of study, the Handbook of Democratization in Africa features more than thirty contributions structured into six thematic sections: The politics and paths of regime development Institutional dynamics Political mobilization and voting dynamics The politics of identity Social forces from below The consequences of democracy. Chapters offer overviews of the key scholarship on particular topics, including central insights from the latest research, and provide suggestions for those interested in further inquiry. The material includes attention to broad cross-continental patterns, for example with respect to public opinion, political violence, or the role of different institutions and actors. It also includes rich case material, drawing on and highlighting the experiences of a diverse collection of countries. Encouraging a comprehensive view of key concerns and enhancing understanding of particular issues, the Handbook of Democratization in Africa represents a critical resource for experts and students of African politics, democratization, and African studies.

Comparative Judicial Review

Author : Erin F. Delaney
Publisher :
ISBN 13 : 9781788110594
Total Pages : 0 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Comparative Judicial Review by : Erin F. Delaney

Download or read book Comparative Judicial Review written by Erin F. Delaney and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable. Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach. Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin

Comparative Law in Africa

Author : Salvatore Mancuso
Publisher :
ISBN 13 : 9781485107453
Total Pages : 185 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Comparative Law in Africa by : Salvatore Mancuso

Download or read book Comparative Law in Africa written by Salvatore Mancuso and published by . This book was released on 2015 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Theory of African Constitutionalism

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
ISBN 13 : 0192893920
Total Pages : 273 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis A Theory of African Constitutionalism by : Berihun Adugna Gebeye

Download or read book A Theory of African Constitutionalism written by Berihun Adugna Gebeye and published by Oxford University Press. This book was released on 2021 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Review of Administrative Action

Author : Swati Jhaveri
Publisher : Cambridge University Press
ISBN 13 : 1108481574
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Review of Administrative Action by : Swati Jhaveri

Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

Weak Courts, Strong Rights

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Human Rights and Traditional Justice Systems in Africa

Author :
Publisher : UN
ISBN 13 : 9789211542165
Total Pages : 79 pages
Book Rating : 4.5/5 (421 download)

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Book Synopsis Human Rights and Traditional Justice Systems in Africa by :

Download or read book Human Rights and Traditional Justice Systems in Africa written by and published by UN. This book was released on 2016 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.

The Constitution of Freedom

Author : András Sajó
Publisher : Oxford University Press
ISBN 13 : 0198732171
Total Pages : 500 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Constitution of Freedom by : András Sajó

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Judicial Review in the Contemporary World

Author : Mauro Cappelletti
Publisher : MICHIE
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Review in the Contemporary World by : Mauro Cappelletti

Download or read book Judicial Review in the Contemporary World written by Mauro Cappelletti and published by MICHIE. This book was released on 1971 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Constitutional Reasoning

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Comparative Legal Studies: Traditions and Transitions

Author : Pierre Legrand
Publisher : Cambridge University Press
ISBN 13 : 110732033X
Total Pages : 532 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Comparative Legal Studies: Traditions and Transitions by : Pierre Legrand

Download or read book Comparative Legal Studies: Traditions and Transitions written by Pierre Legrand and published by Cambridge University Press. This book was released on 2003-08-14 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.