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Public Participation In African Constitutionalism
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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.
Book Synopsis The Veil of Participation by : Alexander Hudson
Download or read book The Veil of Participation written by Alexander Hudson and published by Cambridge University Press. This book was released on 2021-05-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.
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.
Book Synopsis Building the Constitution by : James Fowkes
Download or read book Building the Constitution written by James Fowkes and published by Cambridge University Press. This book was released on 2016-12-15 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Book Synopsis Engaging with Social Rights by : Brian Ray
Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2016-04-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Book Synopsis Transformative Constitutionalism by : Oscar Vilhena
Download or read book Transformative Constitutionalism written by Oscar Vilhena and published by . This book was released on 2013 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Transnational Constitutionalism by : Nicholas Tsagourias
Download or read book Transnational Constitutionalism written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2007-07-19 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Book Synopsis THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects by : Charles M. Fombad
Download or read book THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects written by Charles M. Fombad and published by PULP. This book was released on 2016-12-30 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Constitution Making by : Sujit Choudhry
Download or read book Constitution Making written by Sujit Choudhry and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Book Synopsis Democracy and Constitutions by : Allan C. Hutchinson
Download or read book Democracy and Constitutions written by Allan C. Hutchinson and published by University of Toronto Press. This book was released on 2021 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Book Synopsis Democracy, Good Governance and Development in Africa by : Mawere, Munyaradzi
Download or read book Democracy, Good Governance and Development in Africa written by Mawere, Munyaradzi and published by Langaa RPCIG. This book was released on 2015-10-24 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions surrounding democracy, governance, and development especially in the view of Africa have provoked acrimonious debates in the past few years. It remains a perennial question why some decades after political independence in Africa the continent continues experiencing bad governance, lagging behind socioeconomically, and its democracy questionable. We admit that a plethora of theories and reasons, including iniquitous and malicious ones, have been conjured in an attempt to explain and answer the questions as to why Africa seems to be lagging behind other continents in issues pertaining to good governance, democracy and socio-economic development. Yet, none of the theories and reasons proffered so far seems to have provided enduring solutions to Africa’s diverse complex problems and predicaments. This book dissects and critically examines the matrix of Africa’s multifaceted problems on governance, democracy and development in an attempt to proffer enduring solutions to the continent’s long-standing political and socio-economic dilemmas and setbacks.
Author :Abdullahi Ahmed An-Na'im Publisher :University of Pennsylvania Press ISBN 13 :0812201116 Total Pages :213 pages Book Rating :4.8/5 (122 download)
Book Synopsis African Constitutionalism and the Role of Islam by : Abdullahi Ahmed An-Na'im
Download or read book African Constitutionalism and the Role of Islam written by Abdullahi Ahmed An-Na'im and published by University of Pennsylvania Press. This book was released on 2010-11-24 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.
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.
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.
Book Synopsis Asian Indigenous Law by : Masaji Chiba
Download or read book Asian Indigenous Law written by Masaji Chiba and published by Routledge. This book was released on 2013-10-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.
