Judicial and Legal Systems in Africa

Judicial and Legal Systems in Africa PDF Author: Antony N. Allott
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 252

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Book Description

Judicial and Legal Systems in Africa

Judicial and Legal Systems in Africa PDF Author: Antony N. Allott
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 252

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Book Description


Judicial Review Systems in West Africa: a Comparative Analysis

Judicial Review Systems in West Africa: a Comparative Analysis PDF Author:
Publisher:
ISBN: 9789176710524
Category :
Languages : en
Pages : 180

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Book Description
This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Building the Rule of Law

Building the Rule of Law PDF Author: Jennifer A. Widner
Publisher: W W Norton & Company Incorporated
ISBN: 9780393976892
Category : Biography & Autobiography
Languages : en
Pages : 464

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Book Description
A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.

The African Regional Human Rights System

The African Regional Human Rights System PDF Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218149
Category : Law
Languages : en
Pages : 629

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Book Description
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Gender and the Judiciary in Africa

Gender and the Judiciary in Africa PDF Author: Gretchen Bauer
Publisher: Routledge
ISBN: 1317516486
Category : Political Science
Languages : en
Pages : 282

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Book Description
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.

Colonial Systems of Control

Colonial Systems of Control PDF Author: Viviane Saleh-Hanna
Publisher: University of Ottawa Press
ISBN: 0776618237
Category : Social Science
Languages : en
Pages : 536

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Book Description
A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.

The Future of African Customary Law

The Future of African Customary Law PDF Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
ISBN: 1139497820
Category : Law
Languages : en
Pages : 563

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Book Description
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.

Grass-roots Justice in Ethiopia

Grass-roots Justice in Ethiopia PDF Author: Collectif
Publisher:
ISBN: 2821872348
Category : Social Science
Languages : en
Pages : 336

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Book Description
This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.

A Cosmopolitan Jurisprudence

A Cosmopolitan Jurisprudence PDF Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108841724
Category : Law
Languages : en
Pages : 325

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Book Description
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Crime, Mental Health and the Criminal Justice System in Africa

Crime, Mental Health and the Criminal Justice System in Africa PDF Author: Heng Choon (Oliver) Chan
Publisher: Springer Nature
ISBN: 3030710246
Category : Social Science
Languages : en
Pages : 426

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Book Description
This book aims to serve as a comprehensive resource for a myriad of crime and mental health topics and issues in the African criminal justice system from a psycho-criminological perspective. Crime, Mental Health and the Criminal Justice System in Africa: A Psycho-Criminological Perspective is an ideal primary text for courses in criminology, criminal justice, and forensic psychology, as well as asource of reference for practitioners who deal with offenders or victims. “For a long time, African historiography has been viewed and interpreted from Eurocentric perspectives. This book is a timely contribution towards infusing Afrocentric perspectives in African scholarship by indigenous scholars. The authors’ interdisciplinary topical approach, covering a gamut of topics ranging from African criminology, through mental health and psychology, to criminal justice systems, has lent a decolonizing voice toward African literary pursuit and thereby laid a solid foundation for further research by other scholars. I highly recommend it to readers, academic institutions and researchers on Africa.” – Emmanuel Onyeozili, Ph.D., Professor of Criminology and Criminal Justice, Department of Criminal Justice, University of Maryland Eastern Shore, USA “This edited volume by an array of experts from West and Southern Africa has given a refreshing voice to psycho-criminological narratives in the continent. In a region of the world in which there is insufficient documentation of the patterns, determinants and outcomes of criminal behaviour, this book offers a culturally competent and contemporary flavour to an ancient discourse. Its focus on new areas of concern such as online dating scams, kidnapping and the mental health of officials in the criminal justice system compellingly captures the potential reader and gives good value for time. It is warmly recommended for its breadth of coverage, the authority of its claims and the multi-disciplinary outlook of its authors.” – Adegboyega Ogunwale, MBBS, FWACP, Consultant Psychiatrist, Forensic Unit, Neuropsychiatric Hospital, Aro, Ogun State, Nigeria “This collection represents a significant step in the study of mental health, crime and criminal justice in sub-Saharan Africa. The breadth of topics covered is impressive, with each contribution based on methodologically-sound empirical analyses. It deserves to become a key reference for students, researchers and policy makers interested in suicide, drug use, violence, the work of prison officers, criminal investigations, and police-community interactions.” – Justice Tankebe, Ph.D., Lecturer, Institute of Criminology, University of Cambridge, UK “Mental health and criminal justice issues are growing problems facing the world today. Questions about whether mental health affects crime or whether involvement in the criminal justice system affects an individual’s health have become part of national policy discussion. This nicely written book brings together eminent scholars and experts with extensive experience in their various fields to address these and other questions related to crime, mental health, and criminal justice in Africa. The editors did well to coordinate the efforts of the contributors into a valuable pierce. I highly recommend it for all who are interested in the nexus between crime, mental health, and criminal justice systems.” – Francis D. Boateng, Ph.D., Assistant Professor, Department of Criminal Justice and Legal Studies, University of Mississippi, USA