Decentralization and Constitutionalism in Africa

Decentralization and Constitutionalism in Africa PDF Author: Charles M. Fombad
Publisher: Oxford University Press
ISBN: 0192585037
Category : Law
Languages : en
Pages : 673

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Book Description
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.

Decentralization and Constitutionalism in Africa

Decentralization and Constitutionalism in Africa PDF Author: Charles M. Fombad
Publisher: Oxford University Press
ISBN: 0192585037
Category : Law
Languages : en
Pages : 673

Get Book Here

Book Description
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.

Constructing Democracy in Transitioning Societies of Africa

Constructing Democracy in Transitioning Societies of Africa PDF Author: S. Wing
Publisher: Springer
ISBN: 0230612075
Category : Political Science
Languages : en
Pages : 252

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Book Description
This book explores the process by which constitutions and democratic institutions are constructed. Wing focuses on how innovative constitutional dialogues involving participation, negotiation, and recognition of groups previously excluded from political decision-making may be the key to a legitimate constitution.

Corruption and Constitutionalism in Africa

Corruption and Constitutionalism in Africa PDF Author: Charles Manga Fombad
Publisher:
ISBN: 0198855591
Category : Law
Languages : en
Pages : 561

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Book Description
The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism in Africa. Although comparative constitutional law has become a major field of legal scholarship, most of the extensive research that has been carried out has focused on long-established democracies. The only African country that has attracted sustained research interest from a comparative law perspective is South Africa. The few books that present perspectives on African comparative constitutional law focus narrowly and exclusively on developments in either Anglophone, Francophone, or Arabophone Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound and far-reaching constitutional developments. Little comparative research has been carried out to understand the nature of these constitutional changes, to review their impact on the ethos of constitutionalism on the continent, and to explore prospects for the future. The series aims to stimulate interest in comparative constitutional research and the different constitutional traditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research, and practice. In this way, the series intends to fill the huge gap in the existing literature on comparative African constitutional law as well as point out to directions for future research. Book jacket.

Waiting for Democracy

Waiting for Democracy PDF Author: Jesse Craig Ribot
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 156

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Book Description
References pp. 115-132.

Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa PDF Author: Alan J. Kuperman
Publisher: University of Pennsylvania Press
ISBN: 0812246586
Category : Political Science
Languages : en
Pages : 304

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Book Description
Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Constitutional Adjudication in Africa

Constitutional Adjudication in Africa PDF Author: Charles Manga Fombad
Publisher: Oxford University Press
ISBN: 0198810210
Category : Law
Languages : en
Pages : 417

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Book Description
Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.

Institutions and Democracy in Africa

Institutions and Democracy in Africa PDF Author: Nic Cheeseman
Publisher: Cambridge University Press
ISBN: 1107148243
Category : History
Languages : en
Pages : 399

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Book Description
Offers new research on the vital importance of institutions, such as presidential term-limits in the African democratisation processes.

Democracy, Good Governance and Development in Africa

Democracy, Good Governance and Development in Africa PDF Author: Mawere, Munyaradzi
Publisher: Langaa RPCIG
ISBN: 9956763004
Category : Social Science
Languages : en
Pages : 422

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Book Description
Questions surrounding democracy, governance, and development especially in the view of Africa have provoked acrimonious debates in the past few years. It remains a perennial question why some decades after political independence in Africa the continent continues experiencing bad governance, lagging behind socioeconomically, and its democracy questionable. We admit that a plethora of theories and reasons, including iniquitous and malicious ones, have been conjured in an attempt to explain and answer the questions as to why Africa seems to be lagging behind other continents in issues pertaining to good governance, democracy and socio-economic development. Yet, none of the theories and reasons proffered so far seems to have provided enduring solutions to Africa’s diverse complex problems and predicaments. This book dissects and critically examines the matrix of Africa’s multifaceted problems on governance, democracy and development in an attempt to proffer enduring solutions to the continent’s long-standing political and socio-economic dilemmas and setbacks.

Transnational Constitutionalism

Transnational Constitutionalism PDF Author: Nicholas Tsagourias
Publisher: Cambridge University Press
ISBN: 113946468X
Category : Law
Languages : en
Pages : 348

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Book Description
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Democracy, Elections, and Constitutionalism in Africa

Democracy, Elections, and Constitutionalism in Africa PDF Author: Charles M. Fombad
Publisher: Oxford University Press
ISBN: 0192647814
Category : Law
Languages : en
Pages : 543

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Book Description
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.