The State And Constitutionalism In Southern Africa

Author : Owen Sichone
Publisher : Sapes Books
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.28/5 ( download)

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Download or read book The State and Constitutionalism in Southern Africa written by Owen Sichone and published by Sapes Books. This book was released on 1998 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six academics, including the distinguished Tanzanian law professor Issa Shivji, contribute papers to this critical study of the prospects of constitutionalism in some southern African states. The theme of the papers relates to a conference about the problems the state and constitutionalism pose for the process of democratisation in southern African. The papers are: The Constitution and the Democratisation Process in Malawi; Namibia's Constitution: Vision and Reality; Problems of Constitution-making as consenses-building: The Tanzanian Experience; The Constitution of Zambia: its Strengths and Weaknesses; and Electoral Procedures and Processes in Zimbabwe.

Author : Mark S. Kende
Publisher : Cambridge University Press
ISBN 13 : 0521879043
Total Pages : 336 pages
Book Rating : 4.40/5 ( download)

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Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
ISBN 13 : 0192646141
Total Pages : 272 pages
Book Rating : 4.49/5 ( download)

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Download or read book A Theory of African Constitutionalism written by Berihun Adugna Gebeye and published by Oxford University Press. This book was released on 2021-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrea Lollini
Publisher : Berghahn Books
ISBN 13 : 1845457641
Total Pages : 240 pages
Book Rating : 4.48/5 ( download)

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Download or read book Constitutionalism and Transitional Justice in South Africa written by Andrea Lollini and published by Berghahn Books. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.

Author : Veronica Federico
Publisher : Firenze University Press
ISBN 13 : 8884534011
Total Pages : 222 pages
Book Rating : 4.19/5 ( download)

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Download or read book Constitutionalism and Democratic Transitions written by Veronica Federico and published by Firenze University Press. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description

Author : John Hatchard
Publisher : Cambridge University Press
ISBN 13 : 1139451227
Total Pages : 389 pages
Book Rating : 4.22/5 ( download)

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Download or read book Comparative Constitutionalism and Good Governance in the Commonwealth written by John Hatchard and published by Cambridge University Press. This book was released on 2004-07-08 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.

Author : Okon Akiba
Publisher : Routledge
ISBN 13 : 1351949365
Total Pages : 183 pages
Book Rating : 4.61/5 ( download)

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Download or read book Constitutionalism and Society in Africa written by Okon Akiba and published by Routledge. This book was released on 2017-03-02 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issues addressed in this rewarding book provide new insight into the way we conceive, reflect and study the problems of political transformation and constitution-making in Africa. The study provides a refreshingly in-depth analysis of the strengths and weaknesses of constitutional provisions for managing the challenges of race, religion, ethnicity, citizenship, civil liberties and civil-military relations in Africa's transitional democracies. Tracing emerging trends in constitution-making, it blends the theory of constitutional democracy with case studies, and defines the imperative of social justice.

Author : Ziyad Motala
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.51/5 ( download)

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Download or read book Constitutional Options for a Democratic South Africa written by Ziyad Motala and published by . This book was released on 1994 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.

Author : Tania Abbiate
Publisher : Routledge
ISBN 13 : 1351719645
Total Pages : 318 pages
Book Rating : 4.43/5 ( download)

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Download or read book Public Participation in African Constitutionalism written by Tania Abbiate and published by Routledge. This book was released on 2017-11-22 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.

Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0192585037
Total Pages : 673 pages
Book Rating : 4.35/5 ( download)

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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.