The Quest for Constitutionalism

The Quest for Constitutionalism PDF Author: Professor Hugh Corder
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472416317
Category : Political Science
Languages : en
Pages : 297

Book Description
This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power.

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

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.

The Quest for Constitutionalism in Africa

The Quest for Constitutionalism in Africa PDF Author: Asmelash Beyene
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN:
Category : History
Languages : en
Pages : 274

Book Description
Some Lessons of Experience, by R. Baguma

The Quest for Constitutionalism

The Quest for Constitutionalism PDF Author: Hugh Corder
Publisher: Routledge
ISBN: 1317018435
Category : Political Science
Languages : en
Pages : 297

Book Description
This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

Constitutionalism and Democratic Governance in Africa: Contemporary Perspectives from Sub-Saharan Africa

Constitutionalism and Democratic Governance in Africa: Contemporary Perspectives from Sub-Saharan Africa PDF Author: Morris Kiwinda Mbondenyi
Publisher:
ISBN:
Category : Africa
Languages : en
Pages : 377

Book Description


THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects

THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects PDF Author: Charles M. Fombad
Publisher: PULP
ISBN: 1920538658
Category : Constitutional history
Languages : en
Pages : 247

Book Description


Constitutionalism beyond Liberalism

Constitutionalism beyond Liberalism PDF Author: Michael W. Dowdle
Publisher: Cambridge University Press
ISBN: 1316943089
Category : Law
Languages : en
Pages : 375

Book Description
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America PDF Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465

Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Comparative Constitutionalism and Good Governance in the Commonwealth

Comparative Constitutionalism and Good Governance in the Commonwealth PDF Author: John Hatchard
Publisher:
ISBN: 9780521584647
Category : Law
Languages : en
Pages : 361

Book Description
The central role that effective governance plays in the economic and social development of a country is widely recognized. Using the example of the Commonwealth countries of eastern and southern Africa, this book analyzes the key issues in the process of developing, strengthening and consolidating the state's capacity to ensure the effective governance of its peoples. The book draws attention to the problems of constitutionalism and critically addresses legal issues involved in making constitutions "work" in practice.

Democratization in Africa

Democratization in Africa PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309047978
Category : Social Science
Languages : en
Pages : 94

Book Description
The global movement toward democracy, spurred in part by the ending of the cold war, has created opportunities for democratization not only in Europe and the former Soviet Union, but also in Africa. This book is based on workshops held in Benin, Ethiopia, and Namibia to better understand the dynamics of contemporary democratic movements in Africa. Key issues in the democratization process range from its institutional and political requirements to specific problems such as ethnic conflict, corruption, and role of donors in promoting democracy. By focusing on the opinion and views of African intellectuals, academics, writers, and political activists and observers, the book provides a unique perspective regarding the dynamics and problems of democratization in Africa.