Constitutionalism and Society in Africa

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Author :
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.

Public Participation in African Constitutionalism

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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.

A Theory of African Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0192646141
Total Pages : 272 pages
Book Rating : 4.1/5 (926 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 2021-07-08 with total page 272 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.

A Democratic South Africa?

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Publisher : Univ of California Press
ISBN 13 : 9780520078857
Total Pages : 320 pages
Book Rating : 4.0/5 (788 download)

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Book Synopsis A Democratic South Africa? by : Donald L. Horowitz

Download or read book A Democratic South Africa? written by Donald L. Horowitz and published by Univ of California Press. This book was released on 1992-05-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una reproducción digital está disponible en E -Editions, una colaboración de la Universidad de California Press y el programa eScholarship de la Biblioteca Digital de California.

Constitutionalism in Africa

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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.

Constitutionalism and Transitional Justice in South Africa

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Publisher : Berghahn Books
ISBN 13 : 1845457641
Total Pages : 240 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis Constitutionalism and Transitional Justice in South Africa by : Andrea Lollini

Download or read book Constitutionalism and Transitional Justice in South Africa written by Andrea Lollini and published by Berghahn Books. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.

Corruption and Constitutionalism in Africa

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Author :
Publisher :
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 Manga Fombad

Download or read book Corruption and Constitutionalism in Africa written by Charles Manga Fombad and published by . This book was released on 2020 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism in Africa. Although comparative constitutional law has become a major field of legal scholarship, most of the extensive research that has been carried out has focused on long-established democracies. The only African country that has attracted sustained research interest from a comparative law perspective is South Africa. The few books that present perspectives on African comparative constitutional law focus narrowly and exclusively on developments in either Anglophone, Francophone, or Arabophone Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound and far-reaching constitutional developments. Little comparative research has been carried out to understand the nature of these constitutional changes, to review their impact on the ethos of constitutionalism on the continent, and to explore prospects for the future. The series aims to stimulate interest in comparative constitutional research and the different constitutional traditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research, and practice. In this way, the series intends to fill the huge gap in the existing literature on comparative African constitutional law as well as point out to directions for future research. Book jacket.

Constitutions and Conflict Management in Africa

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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.

Decentralization and Constitutionalism in Africa

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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.

Conquest, Constitutionalism and Democratic Contestations

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Publisher : Routledge
ISBN 13 : 1000022412
Total Pages : 315 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Conquest, Constitutionalism and Democratic Contestations by : Joel M. Modiri

Download or read book Conquest, Constitutionalism and Democratic Contestations written by Joel M. Modiri and published by Routledge. This book was released on 2020-05-21 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.

Constitutional Triumphs, Constitutional Disappointments

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Publisher : Cambridge University Press
ISBN 13 : 1108415334
Total Pages : 471 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Triumphs, Constitutional Disappointments by : Rosalind Dixon

Download or read book Constitutional Triumphs, Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Democratization in Africa

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Publisher : National Academies Press
ISBN 13 : 0309047978
Total Pages : 94 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Democratization in Africa by : National Research Council

Download or read book Democratization in Africa written by National Research Council and published by National Academies Press. This book was released on 1992-02-01 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global movement toward democracy, spurred in part by the ending of the cold war, has created opportunities for democratization not only in Europe and the former Soviet Union, but also in Africa. This book is based on workshops held in Benin, Ethiopia, and Namibia to better understand the dynamics of contemporary democratic movements in Africa. Key issues in the democratization process range from its institutional and political requirements to specific problems such as ethnic conflict, corruption, and role of donors in promoting democracy. By focusing on the opinion and views of African intellectuals, academics, writers, and political activists and observers, the book provides a unique perspective regarding the dynamics and problems of democratization in Africa.

Constitutional Options for a Democratic South Africa

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Publisher :
ISBN 13 : 9780882581873
Total Pages : 0 pages
Book Rating : 4.5/5 (818 download)

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Book Synopsis Constitutional Options for a Democratic South Africa by : Ziyad Motala

Download or read book Constitutional Options for a Democratic South Africa written by Ziyad Motala and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Options for a Democratic South Africa describes the unjust South African political and judicial apartheid system that exploited black South Africans. Ziyad Motala emphasizes the importance of a constitution and state system that would not only ameliorate the enormous inequalities generated by colonialism and apartheid but also ensure equal democratic rights and protection to all citizens in the post-apartheid South Africa. He carefully examines and compares the political outcomes of post-independent African states adopting (1) the Western liberal federal state, (2) the Soviet-inspired Marxist unitary state, or (3) the locally inspired one-party African socialist state. Motala weighs the relative merits of these state structures for dealing with the complex of democracy, socioeconomic development, and national unity in multiethnic states. He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.

Separation of Powers in African Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0198759797
Total Pages : 444 pages
Book Rating : 4.1/5 (987 download)

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

Download or read book Separation of Powers in African Constitutionalism written by Charles Manga Fombad and published by Oxford University Press. This book was released on 2016 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.

Democracy in Africa

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Publisher : Cambridge University Press
ISBN 13 : 1316239489
Total Pages : 269 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Democracy in Africa by : Nic Cheeseman

Download or read book Democracy in Africa written by Nic Cheeseman and published by Cambridge University Press. This book was released on 2015-05-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive overview of the history of democracy in Africa and explains why the continent's democratic experiments have so often failed, as well as how they could succeed. Nic Cheeseman grapples with some of the most important questions facing Africa and democracy today, including whether international actors should try and promote democracy abroad, how to design political systems that manage ethnic diversity, and why democratic governments often make bad policy decisions. Beginning in the colonial period with the introduction of multi-party elections and ending in 2013 with the collapse of democracy in Mali and South Sudan, the book describes the rise of authoritarian states in the 1970s; the attempts of trade unions and some religious groups to check the abuse of power in the 1980s; the remarkable return of multiparty politics in the 1990s; and finally, the tragic tendency for elections to exacerbate corruption and violence.

Constitutional Rights in Two Worlds

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Publisher : Cambridge University Press
ISBN 13 : 0521879043
Total Pages : 336 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Constitutional Rights in Two Worlds by : Mark S. Kende

Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Constitutionalism in East Africa

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Publisher : Fountain Books
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutionalism in East Africa by : Kivutha Kibwana

Download or read book Constitutionalism in East Africa written by Kivutha Kibwana and published by Fountain Books. This book was released on 2001 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays by East African university professors of law, trace the course of constitutional development in East Africa since independence, and analyse the trends of constitutionalism in 1999. The essays cover: constitutional development in Kenya; constitution making in Tanzania; and the mixed results of Uganda's constitutional development. This is the first of planned annual comparative reviews of constitutionalism in East Africa intending to inform public debate on the progress, challenges and prospects of constitutional development in the region.