Separation Of Powers In African Constitutionalism

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Separation Of Powers In African Constitutionalism
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Author : Charles Manga Fombad
language : en
Publisher: Oxford University Press
Release Date : 2016
Separation Of Powers In African Constitutionalism written by Charles Manga Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
Separation Of Powers In African Constitutionalism
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
Separation Of Powers In African Constitutionalism written by Charles M. Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
Separation Of Powers In African Constitutionalism
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
Separation Of Powers In African Constitutionalism written by Charles M. Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
A Theory Of African Constitutionalism
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Author : Berihun Adugna Gebeye
language : en
Publisher: Oxford University Press
Release Date : 2021
A Theory Of African Constitutionalism written by Berihun Adugna Gebeye and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with History categories.
Utilizing detailed case studies from Nigeria, Ethiopia, and South Africa, this title traces African constitutionalism from precolonial times to the present. The volume offers a new framework for understanding African constitutionalism and a range of practical proposals for its future development.
Building The Constitution
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Author : James Fowkes
language : en
Publisher: Cambridge University Press
Release Date : 2016-12-15
Building The Constitution written by James Fowkes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Constitutionalism In Context
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Author : David S. Law
language : en
Publisher:
Release Date : 2022-02-17
Constitutionalism In Context written by David S. Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-17 with Law categories.
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
The Cambridge Companion To Comparative Constitutional Law
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Cambridge Companion To Comparative Constitutional Law written by Roger Masterman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
The New Fourth Branch
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Author : Mark Tushnet
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-31
The New Fourth Branch written by Mark Tushnet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Law categories.
Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.
The Rule Of Law And The Separation Of Powers
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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Rule Of Law And The Separation Of Powers written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
Decentralization And Constitutionalism In Africa
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2019-09-10
Decentralization And Constitutionalism In Africa written by Charles M. Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-10 with Law categories.
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.