[PDF] The Making Unmaking And Remaking Of Africas Independence And Post Independence Constitutions eBook

Author : Nicodemus Fru Awasom
Publisher : Springer
Page : 0 pages
File Size : 16,64 MB
Release : 2024-10-31
Category : Philosophy
ISBN : 9783031668074

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This book provides a collection of chapters that critically explore the making and development of Africa’s independence constitutions through the different phases in their full generality. Since independence, various constitutions from African countries have undergone a succession of changes, triggered by either the domestic or international environment or both. These processes constitute autonomous epochal ‘waves’ or ‘phases’ of constitution-making which need to be unpacked, historicised and explored in a systematic manner. This work, intended as a distinctive object of positive analysis, historicizes the independence constitutions of selected African states on either a country-specific or a comparative basis. A historical approach to the continental study of constitutions is rare, meaning the continental coverage of the book is justified by Africa’s rich diversity reflected in its multiple monarchical and colonial backgrounds. The book is of interest to academics interested in having a panoramic view of Africa's constitutional development from a historical perspective.

Author : Charles M Fombad
Publisher : Oxford University Press
Page : 353 pages
File Size : 19,34 MB
Release : 2024-05-22
Category : Law
ISBN : 0198906307

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This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 273 pages
File Size : 38,72 MB
Release : 2021
Category : Law
ISBN : 0192893920

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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.

Author : John Munro
Publisher : Cambridge University Press
Page : 347 pages
File Size : 21,74 MB
Release : 2017-09-21
Category : History
ISBN : 1316990648

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This is a transnational history of the activist and intellectual network that connected the Black freedom struggle in the United States to liberation movements across the globe in the aftermath of World War II. John Munro charts the emergence of an anticolonial front within the postwar Black liberation movement comprising organisations such as the National Association for the Advancement of Colored People, the Council on African Affairs and the American Society for African Culture and leading figures such as W. E. B. Du Bois, Claudia Jones, Alphaeus Hunton, George Padmore, Richard Wright, Esther Cooper Jackson, Jack O'Dell and C. L. R. James. Drawing on a diverse array of personal papers, organisational records, novels, newspapers and scholarly literatures, the book follows the fortunes of this political formation, recasting the Cold War in light of decolonisation and racial capitalism and the postwar history of the United States in light of global developments.

Author : Charles M. Fombad
Publisher : Oxford University Press
Page : 444 pages
File Size : 41,58 MB
Release : 2016-03-03
Category : Law
ISBN : 0191077917

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The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Author : Danwood Mzikenge Chirwa
Publisher : Cambridge University Press
Page : 609 pages
File Size : 36,20 MB
Release : 2016-10-20
Category : Political Science
ISBN : 1316802558

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The Protection of Economic, Social and Cultural Rights in Africa critiques the three main models of constitutionally protecting economic, social and cultural rights in Africa - direct, indirect and hybrid models. It examines the choices that states have made, how the models have worked, whether they have been tested in litigation and the jurisprudence that has arisen. The book analyses the protection of the economic, social and cultural rights in a range of African countries: Angola, Cameroon, Ethiopia, Ghana, Kenya, Mozambique, Nigeria, Senegal, South Africa and Uganda. Leading legal academics explore how these rights feature at the regional and sub-regional levels, as well as the link between domestic and international mechanisms of enforcement.

Author : Maame Efua Addadzi-Koom
Publisher : Springer Nature
Page : 723 pages
File Size : 50,35 MB
Release : 2022-12-10
Category : Law
ISBN : 3031153979

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This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs.

Author : Andrew W.M. Smith
Publisher : UCL Press
Page : 257 pages
File Size : 18,22 MB
Release : 2017-03-01
Category : History
ISBN : 1911307746

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Looking at decolonization in the conditional tense, this volume teases out the complex and uncertain ends of British and French empire in Africa during the period of ‘late colonial shift’ after 1945. Rather than view decolonization as an inevitable process, the contributors together explore the crucial historical moments in which change was negotiated, compromises were made, and debates were staged. Three core themes guide the analysis: development, contingency and entanglement. The chapters consider the ways in which decolonization was governed and moderated by concerns about development and profit. A complementary focus on contingency allows deeper consideration of how colonial powers planned for ‘colonial futures’, and how divergent voices greeted the end of empire. Thinking about entanglements likewise stresses both the connections that existed between the British and French empires in Africa, and those that endured beyond the formal transfer of power.

Author : Charles Manga Fombad
Publisher : Taylor & Francis
Page : 245 pages
File Size : 42,82 MB
Release : 2022-09-06
Category : Political Science
ISBN : 1000625133

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This book argues that a leading cause of the political instability in the Horn of Africa is a crisis of governance, caused by extreme centralization of power, weak institutions, and the failure to institutionalise the responsible use of authority. In recent years, many attempts have been made to resolve the ongoing conflicts in Somalia and South Sudan, but problems remain, and in 2019 the instability spread to Ethiopia. This book critically examines how many of the governance problems in the region can be addressed through institutional design. The central argument is that an inclusive system of governance through federalism, devolution, and inclusive political institutions as well as ensuring the institutionalization of power through strengthening the rule of law has the potential to make governments more accountable, inclusive, and be able to deliver critical services. Such systems ensure relative stability and peace and reduce the risks of state fragmentation – a major concern in the region. Demonstrating that the threats of further fragmentation and conflict due to the crisis of governance are likely to continue unless serious steps are taken to deal with the situation, the book will be an important read for researchers and policy makers with an interest in peacemaking, politics, constitutional law, and federalism in the region.