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Author: Ken Ochieng' Opalo Publisher: Cambridge University Press ISBN: 110849210X Category : History Languages : en Pages : 295
Book Description
Examined the development of legislatures under colonial rule, post-colonial autocratic single party rule, and multi-party politics in Africa.
Author: Ken Ochieng' Opalo Publisher: Cambridge University Press ISBN: 110849210X Category : History Languages : en Pages : 295
Book Description
Examined the development of legislatures under colonial rule, post-colonial autocratic single party rule, and multi-party politics in Africa.
Author: Ken Ochieng' Opalo Publisher: Cambridge University Press ISBN: 1108579965 Category : Political Science Languages : en Pages : 295
Book Description
What explains contemporary variations in African legislative institutions – including their strengths and weaknesses? Compared with the more powerful executive branches, legislatures throughout the continent have historically been classified as weak and largely inconsequential to policy-making processes. But, as Ken Ochieng' Opalo suggests here, African legislatures actually serve important roles, and under certain conditions, powerful and independent democratic legislatures can emerge from their autocratic foundations. In this book, Opalo examines the colonial origins of African legislatures, as well as how postcolonial intra-elite politics structured the processes of adapting inherited colonial legislatures to local political contexts and therefore continued legislative development. Through case studies of Kenya and Zambia, Opalo offers a comparative longitudinal study of the evolution of legislative strength and institutionalization as well as a regional survey of legislative development under colonial rule, postcolonial autocratic single-party rule, and multiparty politics throughout Africa.
Author: Joel D. Barkan Publisher: ISBN: Category : History Languages : en Pages : 296
Book Description
A study of legislative development in Africa which explores why variations in the extent of legislative authority and performance across the continent are only partially related, if at all, to the overall level of democratization. Constraints that have retarded the development and power of legislatures across Africa, and how members of some legislatures are breaking free of those constraints, are analyzed. The impact of the legislative branch on the political process in six emerging African democracies is reviewed.
Author: Kennedy Ochieng Opalo Publisher: ISBN: Category : Languages : en Pages :
Book Description
This dissertation, premised on the notion that the study of institutions is critical for un- derstanding both political and economic development in emerging democracies, seeks to answer two simple questions: What explains both cross-sectional and longitudinal varia- tion in legislative strength under autocracy? And what does this mean for post-transition legislative development in emerging democracies? My answer to the first question is that the strategies of legislative control employed by autocrats determine the extent of organizational development and institutionalization of legislatures in non-democracies. When autocrats use indirect and extra-legislative means of controlling legislators, legislatures are able to develop the requisite institutional mech- anisms of handling intra-elite bargains that characterize the lawmaking process. In other words, much of the lawmaking process takes place within the legislature. However, au- tocratic control through direct meddling in the legislative process leads to stunted organi- zational development and limited institutionalization. Under these conditions, legislatures exist as pure rubber-stamps of bargaining outcomes arrived at elsewhere. In other words, legislatures do not serve as the main arena for intra-elite bargaining and lawmaking -- and much of the lawmaking takes place outside of the legislature. Notice that under autocracy the outcomes of these two strategies are observationally equivalent: for the most part autocrats get laws that are consistent with their preferences. But the strategies have dierential implications for long-run legislative development. The former case leads to legislative institutionalization; while the latter case stunts the process of legislative institutionalization. My answer to the second question is that legislative development under autocracy deter- mines the trajectory of continued evolution after transition to democracy; and in particular, the level of institutionalization at the point of transition. Briefly stated, strong autocratic legislatures provide the foundation for strong democratic legislatures. Since institutional de- velopment takes time, weakly institutionalized legislatures at the point of transition are less likely to benefit from transition to democracy. This observation goes against the received wisdom in the democratic transition literature which views transitions as the founding mo- ment of new and strong democratic institutions. I argue that institutional development after transitions tend to be marked by important continuities, rather than sharp discontinuities; and that understanding pre-transition legislative development is critical for understanding post-transitional evolution of legislatures. I provide empirical evidence to back these claims with material from Kenya and Zambia. The two countries are excellent comparative cases on account of their similarities in back- ground conditions, but also divergence in key outcomes. Both are former British colonies that gained independence under multiparty democracy; went through a period of single party rule; before re-democratizing in the early 1990s. Two general strands of analyses guide my discussion throughout this dissertation. First, I focus on the era of single party rule in Kenya and Zambia (roughly 1970-1990) to explain the observed variation in legislative institutionalization and strength under au- tocracy in the two countries. In my analysis I show that the mode of autocratic control matters for legislative development. The defining characteristic of autocratic legislatures is that they are ultimately under the control of the autocrat. For this reason, legislative outputs under autocracy are invariably consistent with the preferences of the autocrat. This is for the simple reason that the autocrat reserves the right to unilaterally override legislative out- puts (resolutions, laws, or policies). The law of anticipated reactions therefore conditions legislatures to model their final outputs in a manner that makes them consistent with au- tocrats' preferences. Yet the specific modes of achieving this outcome (keeping autocratic legislatures under control) can either promote or stunt organizational development of au- tocratic legislatures. Autocrats can either control legislators through extra-parliamentary means (e.g. through administrative means) or meddle in the aairs of the legislatures (e.g. through political parties). The former strategy promotes the development of organizational forms and structures to handle intra-elite bargains within the legislature (as happened in Kenya). The latter strategy stunts legislative development by shifting the locus of intra-elite bargaining outside of the legislature (as happened in Zambia). In the former case the legis- lature has the focal significance of being the main political game in town. In the latter case it is not. Second, I explain how democratic legislatures can emerge from their autocratic founda- tions. In this part of my analysis I focus on changes in legislative characteristics and outputs in Kenya and Zambia around the time of transition to multiparty politics in the early 1990s. I show how the level of legislative institutionalization at the point of transition -- from autoc- racy to democracy -- impacts further institutional development in the post-transition period. In other words, that autocracies with strong legislatures on the eve of transition are more likely (relative to those with weaker legislatures) to have strong post-transition legislatures. Simply stated, strong autocratic legislatures provide the foundation for strong democratiz- ing legislatures. This point is at once obvious and important. Much of the extant literature on institutional development emphasizes institutional discontinuities at the point of transi- tion as the sources of strong institutions of limited government under democracy. In other words, that inclusive and constraining institutions emerge primarily out of the contractarian bargains around the time of transition. In this dissertation I show in great detail that con- tinuities during the transition process (from autocracy) matter for the emergence of strong legislatures after transition. An overarching idea in my analyses is that history matters because institutions develop over time; and that this process is characterized by the logic of path-dependence. The mate- rial I present cover the process of legislative development in Africa from the colonial period to the present. With large-N empirical evidence from Africa and detailed analyses of legis- latures and elections in Kenya and Zambia, I show how historical variables have structured the observed variation in legislative institutionalization and strength in Africa's emerging democracies after 1990. This dissertation makes several important contributions to the study of institutions and electoral politics. First, the theoretical and empirical approach herein oers a coherent the- ory of institutional development both under autocracy and after transition to democracy. Thus the dissertation links and synthesizes the disparate literatures on autocratic institu- tions on the one hand, and democratic institutions on the other. Second, by providing a rich array of data on African legislatures, this dissertation expands the field of Legislative Studies to include material evidence from non-western democracies. Thus far the literature on legislatures has been dominated by material evidence from the North Atlantic, and in particular, the United States Congress. This dissertation brings data from Africa to bear in answering key questions addressed by students of legislative politics. These include why some presidents choose to rule by decree while others rule by statutes; how fluctuations in the executive-legislative relations and balance of power impact legislative activities and output; the role of parties in condi- tioning legislative institutionalization and development; and how intra-legislative politics explains the observed variation in box scores (proportion of executive initiatives that get passed) across legislatures. Lastly, by focusing on electoral legislative politics in two emerg- ing democracies, this dissertation explains the dynamics of incumbency (dis)advantage in these contexts. Incumbency advantage (over challengers) is an established fact in advanced democracies. But in emerging democracies incumbents tend to be disadvantaged. This dissertation provides a simple political economy explanation for this dierence.
Author: Samuel Ojo Oloruntoba Publisher: Springer ISBN: 3319921800 Category : Political Science Languages : en Pages : 335
Book Description
This edited volume discusses the role of innovation and regional integration in economic development in Africa. Over the past five decades, post-colonial African countries have struggled to break loose from the trap of poverty and underdevelopment through the adoption of various development strategies at regional, national, and continental levels. However, the results of both national and regional efforts at advancing development on the continent have been mixed. Although the importance of agglomeration and fusion of institutions have long been recognized as possible path to achieving economic development in Africa, the approach to regionalism has been unduly focused on market integration, while neglecting other dimensions such as social policy, mobility of labor, educational policy, biotechnology, regional legislation, manufacturing, innovation, and science and technology. This volume investigates the link between innovation, regional integration, and development in Africa, arguing that the immediate and long term development of Africa lies not just in the structural transformation of its economies but in the advancement of scientific and innovation capacities. The book is divided into four parts. Part I addresses the theoretical and conceptual underpinnings of innovation and regional integration in Africa. Part II presents case studies which examine how regional economic institutions are fostering innovation in Africa. Part III of the book deals with sectoral issues on innovation and integrated development in Africa. Part IV sets the future research on innovation, regional integration, and development in Africa. Combining theoretical analysis and a comparative, interdisciplinary approach, this volume is appropriate for researchers and students interested in economic development, political economy, African studies, international relations, agricultural science, and geography, as well as policymakers in regional economic communities and the African Union.
Author: Omololu Fagbadebo Publisher: Springer ISBN: 9783319935089 Category : Political Science Languages : en Pages : 0
Book Description
This book examines the problem of accountability in two African political systems, South Africa and Nigeria. Despite the principle of separation of powers and the doctrine of checks and balances among the institutions of governance, a burgeoning governance crisis stifles the potential of accountability and good governance. Legislative oversight in the two countries remains largely ineffective while citizens are left to face the consequences of the mismanagement of public resources by political elites. This book critically assesses how the legislative institutions in South Africa and Nigeria have been unable to harness the requisite constitutional powers to ensure accountability in government and explores the feasibility of their effectiveness. The book begins with a comparative analysis of the principles, tradition, and powers associated with legislative capability in South Africa and Nigeria. The chapters explore constitutional provisions and analyze the capacity of each legislature to function within its respective political environment. The book also examines the process and challenges associated with the various measures and mechanisms available for legislatures to ensure accountability in the two countries. Researchers, scholars and students of African politics will find this book useful in their understanding of the problems associated with the simmering governance crisis in South Africa and Nigeria.
Author: Olufunmilayo B. Arewa Publisher: Cambridge University Press ISBN: 1009064223 Category : Law Languages : en Pages : 665
Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Author: Maame Efua Addadzi-Koom Publisher: Springer Nature ISBN: 3031153979 Category : Law Languages : en Pages : 723
Book Description
This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs.
Author: Lise Bosman Publisher: Kluwer Law International B.V. ISBN: 9403537612 Category : Law Languages : en Pages : 693
Book Description
The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Author: Ken Ochieng' Opalo
Author: Ken Ochieng' Opalo
Author: Ken Ochieng' Opalo
Author: Joel D. Barkan
Author: Kennedy Ochieng Opalo
Author: Samuel Ojo Oloruntoba
Author: Omololu Fagbadebo
Author: Taslim Olawale Elias
Author: Olufunmilayo B. Arewa
Author: Maame Efua Addadzi-Koom
Author: Lise Bosman