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Author : Kivutha Kibwana
Publisher :
ISBN 13 :
Total Pages : 738 pages
Book Rating : 4.3/5 (2 download)
Download or read book Readings in Constitutional Law and Politics in Africa written by Kivutha Kibwana and published by . This book was released on 1998 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : P.L.O Lumumba
Publisher : African Books Collective
ISBN 13 : 9966031898
Total Pages : 380 pages
Book Rating : 4.9/5 (66 download)
Download or read book The Constitution of Kenya: Contemporary Readings written by P.L.O Lumumba and published by African Books Collective. This book was released on 2011-12-29 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Kenya: Contemporary Reading, provides an in-depth assessment of the interface between constitutionalism and Kenyas new Constitution. Focusing on the historical trajectory on the search for a new Constitution, Chapter One lays the groundwork upon which the fault line between constitutionalism and the issue areas are articulated in the other chapters in relation to the new Constitution. The superb chapters on the carefully selected issue areas, make this edited volume an essential reading. The book makes an important contribution to the evolving constitutionalism and policy clarification on Kenyas new Constitution. It is a welcome and timely intervention by legal scholars and practitioners on the new constitution and the challenges facing Kenya in its implementation. The book is an excellent teaching and reading manual for students in law, history, politics, diplomacy, and international relations as well as for the practitioners.
Author : Veronica Federico
Publisher : Firenze University Press
ISBN 13 : 8884534011
Total Pages : 222 pages
Book Rating : 4.8/5 (845 download)
Download or read book Constitutionalism and Democratic Transitions written by Veronica Federico and published by Firenze University Press. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0192647814
Total Pages : 624 pages
Book Rating : 4.1/5 (926 download)
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.
Author : Rosalind Dixon
Publisher : Edward Elgar Publishing
ISBN 13 : 9781839106880
Total Pages : 0 pages
Book Rating : 4.1/5 (68 download)
Download or read book Comparative Constitutional Law in Africa written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2022-12-28 with total page 0 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. Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa's place within the growing discourse of comparative constitutional law. Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.
Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0192585037
Total Pages : 673 pages
Book Rating : 4.1/5 (925 download)
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.
Author : Justin Frosini
Publisher : Routledge
ISBN 13 : 1317597443
Total Pages : 208 pages
Book Rating : 4.3/5 (175 download)
Download or read book Political and Constitutional Transitions in North Africa written by Justin Frosini and published by Routledge. This book was released on 2014-12-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields. Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies.
Author : Okon Akiba
Publisher : Routledge
ISBN 13 : 1351949365
Total Pages : 183 pages
Book Rating : 4.3/5 (519 download)
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.
Author : Carlson Anyangwe
Publisher : African Books Collective
ISBN 13 : 9956727571
Total Pages : 208 pages
Book Rating : 4.9/5 (567 download)
Download or read book Revolutionary Overthrow of Constitutional Orders in Africa written by Carlson Anyangwe and published by African Books Collective. This book was released on 2012-07-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of revolutionary overthrow of constitutional orders in Africa is at the intersection of three disciplines: jurisprudence and legal philosophy, constitutional law and power politics, and civil-military relations, that is, military security policy which is one aspect of national security policy. The subject is of interest in at least four ways. It problematizes the inescapable question of governance in the African continent. It challenges the democratization agenda in Africa how does one democratize not only political governance but also the instruments of violence in the state? It also challenges African constitutional lawyers and policy makers to seek a constitutional model that addresses the enduring menace of the power of the gun in African affairs and the changing role of the military in African politics. Finally, it underscores concerns about sovereignty and national security. This book contributes to a fuller understanding of the coup syndrome in African. To this end, it vigorously interrogates the place of coups in the governance of Africa, and explores the relevance of Kelsens theory of revolutionary legality in the context of coup dtats in Africa. It is a major contribution by a leading thinker in the field.
Author : John M. Mbaku
Publisher : Edward Elgar Publishing
ISBN 13 : 1786438615
Total Pages : 364 pages
Book Rating : 4.7/5 (864 download)
Download or read book Protecting Minority Rights in African Countries written by John M. Mbaku and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens - including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa's struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities.From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.
Author : Yonatan T. Fessha
Publisher : Routledge
ISBN 13 : 1000042243
Total Pages : 176 pages
Book Rating : 4.0/5 ( download)
Download or read book Federalism and the Courts in Africa written by Yonatan T. Fessha and published by Routledge. This book was released on 2020-03-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.
Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0191077917
Total Pages : 500 pages
Book Rating : 4.1/5 (91 download)
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.
Author : Charles Manga Fombad
Publisher : PULP
ISBN 13 : 0981442080
Total Pages : 414 pages
Book Rating : 4.9/5 (814 download)
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.
Author : Jon Abbink
Publisher : BRILL
ISBN 13 : 9004218068
Total Pages : 396 pages
Book Rating : 4.0/5 (42 download)
Download or read book Land, Law and Politics in Africa written by Jon Abbink and published by BRILL. This book was released on 2011-11-18 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a series of new studies on the dynamics of political and legal culture as well as of conflict management in contemporary Africa, taking inspiration from and honoring the scholarly contributions and impact of Prof. Gerti Hesseling (1946-2009) in African Studies.
Author : Ian D. Loveland
Publisher : Routledge
ISBN 13 : 1351731483
Total Pages : 504 pages
Book Rating : 4.3/5 (517 download)
Download or read book Constitutional Law written by Ian D. Loveland and published by Routledge. This book was released on 2018-01-18 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The contributions focus on the role to be played by courts and legal principles in the resolution of major political controversies and on the progressive development of constitutional jurisprudence in countries sharing a broadly common law legal tradition. The guiding theme pervading the collection is an attempt to measure the legitimacy of judicial (in-)activism when courts are faced with difficult political choices on matters such as slavery, internment, racism and voting rights and radical economic policies and are also confronted with the requirement to attach concrete meanings to such abstract concepts as the separation of powers and the rule of law.
Author : George Anderson
Publisher : Oxford University Press
ISBN 13 : 0192573608
Total Pages : 464 pages
Book Rating : 4.1/5 (925 download)
Download or read book Territory and Power in Constitutional Transitions written by George Anderson and published by Oxford University Press. This book was released on 2019-03-07 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author : Vikram Amar
Publisher : Oxford University Press
ISBN 13 : 0199716560
Total Pages : 288 pages
Book Rating : 4.1/5 (997 download)
Download or read book Global Perspectives on Constitutional Law written by Vikram Amar and published by Oxford University Press. This book was released on 2008-11-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems. Features *Modular design of chapters allows instructors to pick and choose which topics they use for comparative study *Brief chapters can be easily integrated into relevant class discussions *Chapters authored by top constitutional law scholars who frame the cases with introductory and concluding comments *Covers a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedom
