Author: J. B. Ojwang
Publisher:
ISBN: 9789966054012
Category : Judicial power
Languages : en
Pages : 143

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Author: Frederick W. Jjuuko
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 182

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Papers from a regional workshop held in Kampala on 14 April 2005.

Author: Joseph Oloka-Onyango
Publisher: Cambridge Scholars Publishing
ISBN: 1443864099
Category : Political Science
Languages : en
Pages : 380

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Book Description
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.

Author: Charles M. Fombad
Publisher: Oxford University Press
ISBN: 0191077917
Category : Law
Languages : en
Pages : 444

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Book Description
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: Katrin Seidel
Publisher: Routledge
ISBN: 1000060969
Category : Law
Languages : en
Pages : 276

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Book Description
African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.

Author: Nic Cheeseman
Publisher: Cambridge University Press
ISBN: 1108611591
Category : Political Science
Languages : en
Pages : 399

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Book Description
Historically, African political institutions such as constitutions, legislatures and judiciaries have been seen as weak and vulnerable to manipulation, leading some to claim that the continent is 'institutionless'. However, recent developments including the consolidation of presidential term limits in a number of countries demonstrate that this depiction is no longer tenable. By drawing attention to how institutions can shape the practice of politics, this book demonstrates that electoral commissions, economic regulations and systems of land tenure are vital to our understanding of contemporary Africa. A series of cutting-edge contributions from leading scholars explain how the rules of the game shape political developments across the continent, from Kenya to Nigeria and from Benin to South Africa. In chapters that cover bureaucracies, constitutions, elections, political parties, the police and more, the authors argue that a new research agenda is required if we are to better understand the process of democratisation.

Author: Kimani Njogu
Publisher: African Books Collective
ISBN: 9966028722
Category : Political Science
Languages : en
Pages : 386

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Book Description
When voters enthusiastically turn up to cast their vote during general elections, they expect that their action would meaningfully change their lives. But in most of Africa, even when elections are held on a regular basis, voters are quite often disappointed by the performance of their leaders who use the new positions as an opportunity to loot public resources and consolidate power. It is almost as if elections are of minimal value to the populace. Notwithstanding this trend, when they are free and fair, general elections can be transformative. They can bring into the political arena men and women of integrity committed to service and account-ability. Inspired by the determination to have inclusive governance and the advancement of democracy, Kenyas 2013 General Election: Stakes, Practices and Outcomes asks important questions related to political participation, coalition building, politics of identity, the international criminal court, electoral systems and institutions, and the judiciary. The papers are written by mainly Kenyan academics and civil society actors who examine the drivers of the 20?3 general elections and the sources of the mandate to lead.This book is part of publications by Twaweza Communications on democratic practice and accountable governance in Kenya.

Author: Roberto Gargarella
Publisher: Routledge
ISBN: 1351947958
Category : Law
Languages : en
Pages : 323

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Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.

Author: Godwin R. Murunga
Publisher: Zed Books Ltd.
ISBN: 1780323689
Category : Political Science
Languages : en
Pages : 234

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Book Description
The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.

Author: G. J. Wanjohi
Publisher: CRVP
ISBN: 9781565182219
Category : History
Languages : en
Pages : 408

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