Download or read book Constitutional Identity and Constitutionalism in Africa written by and published by Oxford University Press. This book was released on 2024-01-23 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
Download or read book Identity Diversity and Constitutionalism in Africa written by Francis Mading Deng and published by US Institute of Peace Press. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.
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.
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.
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
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.
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.
Download or read book Corruption and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2020-03-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
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 318 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.
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.
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:
Download or read book The State and Constitutionalism in Southern Africa written by Owen Sichone and published by Sapes Books. This book was released on 1998 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six academics, including the distinguished Tanzanian law professor Issa Shivji, contribute papers to this critical study of the prospects of constitutionalism in some southern African states. The theme of the papers relates to a conference about the problems the state and constitutionalism pose for the process of democratisation in southern African. The papers are: The Constitution and the Democratisation Process in Malawi; Namibia's Constitution: Vision and Reality; Problems of Constitution-making as consenses-building: The Tanzanian Experience; The Constitution of Zambia: its Strengths and Weaknesses; and Electoral Procedures and Processes in Zimbabwe.
Download or read book Constitutionalism and Transitional Justice in South Africa written by Lollini and published by Berghahn Books. This book was released on 2010-01-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Comparative Constitutionalism and Good Governance in the Commonwealth written by John Hatchard and published by Cambridge University Press. This book was released on 2004-07-08 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.
Download or read book Constitutional Adjudication in Africa written by Charles Manga Fombad and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.
