Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.
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.
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.
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.
This book explores the process by which constitutions and democratic institutions are constructed. Wing focuses on how innovative constitutional dialogues involving participation, negotiation, and recognition of groups previously excluded from political decision-making may be the key to a legitimate constitution.
Questions surrounding democracy, governance, and development especially in the view of Africa have provoked acrimonious debates in the past few years. It remains a perennial question why some decades after political independence in Africa the continent continues experiencing bad governance, lagging behind socioeconomically, and its democracy questionable. We admit that a plethora of theories and reasons, including iniquitous and malicious ones, have been conjured in an attempt to explain and answer the questions as to why Africa seems to be lagging behind other continents in issues pertaining to good governance, democracy and socio-economic development. Yet, none of the theories and reasons proffered so far seems to have provided enduring solutions to Africa’s diverse complex problems and predicaments. This book dissects and critically examines the matrix of Africa’s multifaceted problems on governance, democracy and development in an attempt to proffer enduring solutions to the continent’s long-standing political and socio-economic dilemmas and setbacks.
"The country-specific chapters serve to underline the differences between African democracy and liberal democracy, yet some authors are at pains to emphasize that whatever their limitations, African democracies are an advance over what had gone before." -- African Studies Review
A collection of papers by legal and constitutional practitioners who assess the experiences of constitution making in Ethiopia, South Africa and Uganda: three countries on the African continent which for various reasons went through a constitutional review process in the early 1990s; and have since implemented new constitutional and laws - effectively a new political order. The essays are centred around three themes: the principle actors involved in the review process and why they were chosen; the principle mechanisms utilised to ensure conflict resolution and successful conclusion of the review process; and how need for a new constitution was legitimised and explained to the public, and to what extent these changes and processes of constitution making involved public and civil society participation. This book is aimed at academics and policymakers in the fields of African politics and constitutional law. It is further intended to provide experiences and lessons for other African countries where similar reviews of constitutions are anticipated or are already in progress.
What is the state of governance in sub-Saharan Africa? Is it possible to identify the best practices and approaches to establishing political systems that promote accountability, transparency, peace, and civic space for all? These are the questions addressed in this book. While the concept of governance is considered to be central to political science, our understanding of it is still imprecise, with extant studies focused primarily either on think-tank indicators, economic management, or political studies of democratization. This book critically examines the record on democratization in Africa thus far, and seeks a new, integrated, focused approach to the study of governance. Such an approach requires revisiting the concept of governance itself, with emphasis on certain decisive components and critical issues. Considered in a democratic framework, the concept of governance can be employed to cast light on accountability issues in several arenas, four of which are considered in detail in this volume: institutions and the rule of law; constitution-making, elections, and political conflict settlement; distribution of power and citizenship; and political economy and corruption. Each contribution offers particular insights in one of these arenas. With a huge and varied continent in rapid flux to study, the sheer amount and variety of interesting new research is enormous. It is expected that the discussions contained herein and the various challenges, achievements, and lessons outlined will contribute to research, inform teaching, and lead to a greater understanding of the issues of democratic consolidation and economic development in Africa.
This book provides the first comprehensive overview of the history of democracy in Africa and explains why the continent's democratic experiments have so often failed, as well as how they could succeed. Nic Cheeseman grapples with some of the most important questions facing Africa and democracy today, including whether international actors should try and promote democracy abroad, how to design political systems that manage ethnic diversity, and why democratic governments often make bad policy decisions. Beginning in the colonial period with the introduction of multi-party elections and ending in 2013 with the collapse of democracy in Mali and South Sudan, the book describes the rise of authoritarian states in the 1970s; the attempts of trade unions and some religious groups to check the abuse of power in the 1980s; the remarkable return of multiparty politics in the 1990s; and finally, the tragic tendency for elections to exacerbate corruption and violence.
