Identity, Diversity, and Constitutionalism in Africa PDF Download

Author: Francis Mading Deng
Publisher: US Institute of Peace Press
ISBN: 1601270348
Category : Law
Languages : en
Pages : 290

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Book Description
In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Author:
Publisher: Oxford University Press
ISBN: 0198906323
Category : Law
Languages : en
Pages : 438

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Book Description
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.

Author: Francis M. Deng
Publisher: Brookings Institution Press
ISBN: 0815707185
Category : Political Science
Languages : en
Pages : 441

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Book Description
While dramatic changes are taking place on the international scene and among the major powers, Africa continues to suffer from a multitude of violent conflicts. The toll of these conflicts is monumental in terms of war damage to productivity, scarce resources diverted to armaments and military organizations, and the resulting insecurity, displacement, and destruction. At the same time, Africans, in response to internal demands as well as to international changes, have begun to focus their attention and energies on these problems and are trying innovative ways to resolve differences by nonviolent means. The outcomes of these attempts have urgent and complex implications for the future of the continent with respect to human rights, principles of democracy, and economic development. In this book, African, European, and U.S. experts examine these important issues and the prospects for conflict management and resolution in Africa. They review the scholarship in resolution in light of international changes now taking place. Addressing the undying, internal causes of conflict, they question whether global events will promote peace or threaten to unleash even more conflict. The authors focus their analysis on the issues involved in African conflicts and examine the areas in need of the most dramatic changes. They offer specific recommendations for dealing with current problems, but caution that unless policymakers confront the security situation in Africa, further destruction to national unity and political and economic stability is imminent. Case studies and themes for further, long-term research are recommended.

Author: Berihun Adugna Gebeye
Publisher: Oxford University Press
ISBN: 0192646141
Category : Law
Languages : en
Pages : 272

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Book Description
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: Michel Rosenfeld
Publisher: Routledge
ISBN: 1135253285
Category : Law
Languages : en
Pages : 344

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Book Description
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Author: Gary J. Jacobsohn
Publisher: Harvard University Press
ISBN: 0674047664
Category : Law
Languages : en
Pages : 389

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Book Description
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Author: Daniel Brumberg
Publisher: US Institute of Peace Press
ISBN: 1601270208
Category : Political Science
Languages : en
Pages : 507

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Book Description
Conflict, Identity, and Reform in the Muslim World highlights the challenges that escalating identity conflicts within Muslim-majority states pose for both the Muslim world and for the West, an issue that has received scant attention in policy and academic circles.

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.

Author: Maria Salvatrice Randazzo
Publisher: Taylor & Francis
ISBN: 1000609901
Category : History
Languages : en
Pages : 273

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Book Description
The book considers Australian First Nations constitutionalism by drawing on the chthonic constitutional traditions of three distinct Australian First Nations legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of identifying, via a comparative analysis, a core of similarities to be drawn upon and articulate an emergent legal theory common to the three legal orders. The comparative analysis is undertaken at the most foundational levels of their legal traditions, via the prism of a legal paradigm elaborated with reference to an Australian Indigenous cosmological, ontological, and epistemological standpoint. The proposed legal theory comprises a broad overview, general concepts, normative principles, and general working principles. In so doing, the book expounds how Australian First Nations constitutionalism unfolds into holistic orders of spiritual, political, and legal authority that are explainable in terms of legal theory. At the most foundational level, such elaboration may help delineate normative and legal constitutional patterns throughout Indigenous Australia.

Author: Tania Abbiate
Publisher: Routledge
ISBN: 1351719645
Category : Political Science
Languages : en
Pages : 478

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Book Description
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.