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 The Constitution of the Kingdom of Swaziland written by Swaziland and published by . This book was released on 2005 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Finance and Parliamentary Constitutionalism written by Will Bateman and published by Cambridge University Press. This book was released on 2020-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores financial aspects of constitutional government, focusing on central banking, sovereign borrowing, taxation and public expenditure.
Download or read book The Engagement of Domestic Courts with International Law written by Eleni Methymaki and published by Oxford University Press. This book was released on 2024-04-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.
Download or read book A Constitutional History of the Kingdom of Eswatini Swaziland 1960 1982 written by Hlengiwe Portia Dlamini and published by Springer Nature. This book was released on 2019-09-25 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Swaziland—recently renamed Eswatini—is the only nation-state in Africa with a functioning indigenous political system. Elsewhere on the continent, most departing colonial administrators were succeeded by Western-educated elites. In Swaziland, traditional Swazi leaders managed to establish an absolute monarchy instead, qualified by the author as benevolent and people-centred, a system which they have successfully defended from competing political forces since the 1970s. This book is the first to study the constitutional history of this monarchy. It examines its origins in the colonial era, the financial support it received from white settlers and apartheid South Africa, and the challenges it faced from political parties and the judiciary, before King Sobhuza II finally consolidated power in 1978 with an auto-coup d’état. As Hlengiwe Dlamini shows, the history of constitution-making in Swaziland is rich, complex, and full of overlooked insight for historians of Africa.
Download or read book International Health Regulations 2005 written by World Health Organization and published by World Health Organization. This book was released on 2008-12-15 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.
Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Download or read book Compliance with International Human Rights Law in Africa written by Aderomola Adeola and published by Oxford University Press. This book was released on 2022-02-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Download or read book Policing and Human Rights written by Amanda Dissel and published by African Minds. This book was released on 2012 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Post colonial struggles for a democratic Southern Africa written by Carolyn Bassett and published by Routledge. This book was released on 2017-06-26 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: National liberation, one of the grand narratives of the twentieth century, has left a weighty legacy of unfulfilled dreams. This book explores the ongoing struggle for legitimate, accountable political leaders in postcolonial Southern Africa, focussing on dilemmas arising when ex-liberation movements form the governments. While the spread of multi-party democracy to most countries in the region is to be celebrated, democratic practice often has been superficial - a limited, elitist politics that relies on the symbols of the liberation struggle to legitimate de facto one-party rule and authoritarian practices. Using country cases from Tanzania, Swaziland, Zimbabwe, South Africa and Zambia, the collection explores three subthemes relevant to postcolonial governance in Southern Africa: how the struggle for liberation shapes the character of political transformation, the nature of rule in one-party dominant states headed by former liberation movements, and the processes of governance and resistance in post-liberation contexts. This book was published as a special issue of the Journal of Contemporary African Studies.
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Download or read book Religion in Swaziland written by Peter Kasenene and published by Skotaville Publishers. This book was released on 1993 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Water Resource Management and the Law written by Erkki J. Hollo and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.
Download or read book Seeking Viable Grassroots Representation Mechanisms in African Constitutions written by Charles Mwalimu and published by Peter Lang. This book was released on 2009 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
Download or read book Women s Human Rights written by Susan Deller Ross and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.
Download or read book The Internally Displaced Person in International Law written by Romola Adeola and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.
Download or read book Bargaining for Women s Rights written by Alice J. Kang and published by U of Minnesota Press. This book was released on 2015-06-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender relations in Muslim-majority countries have been subject to intense debate in recent decades. In some cases, Muslim women have fought for and won new rights to political participation, reproductive health, and education. In others, their agendas have been stymied. Yet missing from this discussion, until now, has been a systematic examination of how civil society groups mobilize to promote women’s rights and how multiple components of the state negotiate such legislation. In Bargaining for Women’s Rights, Alice J. Kang argues that reform is more likely to happen when the struggle arises from within. Focusing on how a law on gender quotas and a United Nations treaty on ending discrimination against women passed in Niger while family law reform and an African Union protocol on women’s rights did not, Kang shows how local women’s associations are uniquely positioned to translate global concepts of democracy and human rights into concrete policy proposals. And yet, drawing on numerous interviews with women’s rights activists as well as Islamists and politicians, she reveals that the former are not the only ones who care about the regulation of gender relations. Providing a solid analytic framework for understanding conflict over women’s rights policies without stereotyping Muslims, Bargaining for Women’s Rights demonstrates that, contrary to conventional wisdom, Islam does not have a uniformly negative effect on the prospects of such legislation.
