Separation of Powers in African Constitutionalism

Separation of Powers in African Constitutionalism

Author: Charles Manga Fombad

Publisher: Oxford University Press

Published: 2016

Total Pages: 444

ISBN-13: 0198759797

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The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.


Towards Juristocracy

Towards Juristocracy

Author: Ran Hirschl

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 306

ISBN-13: 9780674038677

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In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.


Democracy, Good Governance and Development in Africa

Democracy, Good Governance and Development in Africa

Author: Mawere, Munyaradzi

Publisher: Langaa RPCIG

Published: 2015-10-24

Total Pages: 422

ISBN-13: 9956763004

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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.


Constitutional Adjudication in Africa

Constitutional Adjudication in Africa

Author: Charles Manga Fombad

Publisher: Oxford University Press

Published: 2017

Total Pages: 417

ISBN-13: 0198810210

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Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.


Decentralization and Constitutionalism in Africa

Decentralization and Constitutionalism in Africa

Author: Charles M. Fombad

Publisher: Oxford University Press

Published: 2019-09-10

Total Pages: 673

ISBN-13: 0192585037

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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.


Reforming Africa's Institutions

Reforming Africa's Institutions

Author: Steve Kayizzi-Mugerwa

Publisher:

Published: 2003

Total Pages: 388

ISBN-13:

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There is not a single African country that did not attempt public sector reforms in the 1990s. Governments no longer see themselves as sole suppliers of social services, frequently opting for partnerships with the private sector. Efficiency and choice have entered the language of the planning and implementation units of Africa's line ministries, while privatization is no longer the controversial subject it was a decade ago. There have also been moves towards more open and democratic governments. Reforming Africa's Institutions looks at the extent to which reforms undertaken in Sub-Saharan Africa in recent years have enhanced institutional capacities across the breadth of government. To what extent have reforms been internalized and defended by governments? The authors also look specifically at the impact of public sector reforms on these economies and pose the question whether 'ownership can be attained when countries continue to be heavily dependent on external support. The volume is presented in three parts. The first focuses on the issue of reform ownership; on the issues of governance, the political economy of reform ownership, and the contradictions inherent in using aid as an instrument for enhancing domestic reform ownership. Part two examines the nature of incentives in the African civil service and the reforms undertaken in recent years to raise public sector efficiency in Africa. The third part discusses issues related to institutional capabilities in Africa and how they have been affected by the reforms undertaken in the 1990s, including privatization and movement towards political pluralism.


Institutions and Democracy in Africa

Institutions and Democracy in Africa

Author: Nic Cheeseman

Publisher: Cambridge University Press

Published: 2018-02-22

Total Pages: 399

ISBN-13: 1107148243

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Offers new research on the vital importance of institutions, such as presidential term-limits in the African democratisation processes.