Sub National Constitutional Law In South Africa
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Sub National Constitutional Law In South Africa
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Author : Rassie Malherbe
language : en
Publisher: Kluwer Law International
Release Date : 2017-03-10
Sub National Constitutional Law In South Africa written by Rassie Malherbe and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-10 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of Sub- National constitutional law in South Africa provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in South Africa will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Comparative Constitutionalism And Good Governance In The Commonwealth
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Author : John Hatchard
language : en
Publisher: Cambridge University Press
Release Date : 2004-07-08
Comparative Constitutionalism And Good Governance In The Commonwealth written by John Hatchard 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 2004-07-08 with Law categories.
The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.
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.
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.
Constitutional Adjudication In Africa
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Author : Charles Manga Fombad
language : en
Publisher: Oxford University Press
Release Date : 2017
Constitutional Adjudication In Africa 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 2017 with Law categories.
Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.
Ethnic Diversity And Federalism
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Author : Yonatan Tesfaye Fessha
language : en
Publisher: Routledge
Release Date : 2016-05-23
Ethnic Diversity And Federalism written by Yonatan Tesfaye Fessha and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities, on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutions lessons which will help to build an all-inclusive society.
Federalism And The Courts In Africa
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Author : Yonatan T. Fessha
language : en
Publisher: Routledge
Release Date : 2020-03-18
Federalism And The Courts In Africa written by Yonatan T. Fessha and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-18 with Law categories.
This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.
A Commentary On The South African Constitution
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Author : G. E. Devenish
language : en
Publisher: Butterworth-Heinemann
Release Date : 1998
A Commentary On The South African Constitution written by G. E. Devenish and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Constitutional law categories.
5 Life.
Constitutionalism And Transitional Justice In South Africa
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Author : Lollini
language : en
Publisher: Berghahn Books
Release Date : 2010-01-11
Constitutionalism And Transitional Justice In South Africa written by Lollini and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-11 with History categories.
Constitutional Comparison
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Author : Francois Venter
language : en
Publisher: Juta and Company Ltd
Release Date : 2000
Constitutional Comparison written by Francois Venter and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Of interest or benefit to: Constitutional lawyers, Libraries, Academics, Students