Download or read book Sub National Constitutional Law in South Africa written by Rassie Malherbe and published by Kluwer Law International. This book was released on 2017-03-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in South Africa provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in South Africa will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
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.
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 International Encyclopaedia of Laws written by André Alen and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutionalism has always been an important field of study. Recently it has gained new importance, and practical urgency, with the advent of new, emerging democratic governments. As part of the study of comparative constitutionalism, federal constitutional systems have also recently taken on a renewed interest. Russia and South Africa present fascinating current examples of emerging federal systems in which sub-national constitutions are beginning to play an important role. Within the field of comparative federal constitutional law, though, The study of state or sub-national constitutions is only now becoming a major focal point of worldwide interest. Sub-national constitutions have been, and generally remain, low-visibility constitutions. Studies of constitutional federalism have tended to be almost exclusively top-down looks at the national constitution and its federal features rather than a bottom-up look at the national constitutions themselves. A system of constitutional federalism cannot be fully understood without analyzing the constitutional arrangements within the constituent units. The marketplace For The constitutional ideas generated in the laboratories of states within the federal systems is rapidly expanding worldwide. There are several dozen bona fide federal political systems in the world, As well as unitary political systems that include federal arrangements. There is a range of general questions to be asked about the constitutions of states within any federal system. The contributions to this volume, In addition to their intrinsic interest, should serve as a database for answering those questions and describing the extraordinary diversity within and among sub-national constitutions in federal systems. Moreover, each of the contributions will include the texts of a number of representative sub-national constitutions. This Volume is also an integral part of Constitutional Law in the International Encyclopaedia of Laws series, ISBN 90-6544-944-2.
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 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 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.
Download or read book Constitutional Conversations written by Michael Bishop (Lawyer) and published by PULP. This book was released on 2008 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Constitutional and Administrative Law Constitutional law written by and published by . This book was released on 2001 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sub National Constitutional Law in South Africa written by Rassie Malherbe and published by Kluwer Law International B.V.. This book was released on 2017-02-24 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in South Africa provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in South Africa will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Download or read book A Commentary on the South African Constitution written by G. E. Devenish and published by Butterworth-Heinemann. This book was released on 1998 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5 Life.
Download or read book The Constitution of South Africa written by Heinz Klug and published by Bloomsbury Publishing. This book was released on 2010-07-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.
Download or read book Ethnic Diversity and Federalism written by Yonatan Tesfaye Fessha and published by Routledge. This book was released on 2016-05-23 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities, on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutions lessons which will help to build an all-inclusive society.
Download or read book Constitutional Resilience and the COVID 19 Pandemic written by Ebenezer Durojaye and published by Springer Nature. This book was released on 2022-11-17 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.
Download or read book The Constitution of the Republic of South Africa written by South Africa and published by Juta. This book was released on 2009 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Comparison written by Francois Venter and published by Juta and Company Ltd. This book was released on 2000 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of interest or benefit to: Constitutional lawyers, Libraries, Academics, Students
Download or read book Constitutional Law written by I. M. Rautenbach and published by Butterworth-Heinemann. This book was released on 1996 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
