The State And Constitutionalism In Southern Africa
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The State And Constitutionalism In Southern Africa
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Author : Owen Sichone
language : en
Publisher: Sapes Books
Release Date : 1998
The State And Constitutionalism In Southern Africa written by Owen Sichone and has been published by Sapes Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Six academics, including the distinguished Tanzanian law professor Issa Shivji, contribute papers to this critical study of the prospects of constitutionalism in some southern African states. The theme of the papers relates to a conference about the problems the state and constitutionalism pose for the process of democratisation in southern African. The papers are: The Constitution and the Democratisation Process in Malawi; Namibia's Constitution: Vision and Reality; Problems of Constitution-making as consenses-building: The Tanzanian Experience; The Constitution of Zambia: its Strengths and Weaknesses; and Electoral Procedures and Processes in Zimbabwe.
State And Constitutionalism
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Author : Issa G. Shivji
language : en
Publisher: Sapes Trust
Release Date : 1991
State And Constitutionalism written by Issa G. Shivji and has been published by Sapes Trust this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Political Science categories.
Constitutionalism And Democratic Transitions
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Author : Veronica Federico
language : en
Publisher: Firenze University Press
Release Date : 2006
Constitutionalism And Democratic Transitions written by Veronica Federico and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
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.
Constitutional Options For A Democratic South Africa
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Author : Ziyad Motala
language : en
Publisher:
Release Date : 1994
Constitutional Options For A Democratic South Africa written by Ziyad Motala and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Constitutional Options for a Democratic South Africa describes the unjust South African political and judicial apartheid system that exploited black South Africans. Ziyad Motala emphasizes the importance of a constitution and state system that would not only ameliorate the enormous inequalities generated by colonialism and apartheid but also ensure equal democratic rights and protection to all citizens in the post-apartheid South Africa. He carefully examines and compares the political outcomes of post-independent African states adopting (1) the Western liberal federal state, (2) the Soviet-inspired Marxist unitary state, or (3) the locally inspired one-party African socialist state. Motala weighs the relative merits of these state structures for dealing with the complex of democracy, socioeconomic development, and national unity in multiethnic states. He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.
Rights And Constitutionalism
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Author : Dawid Hercules Van Wyk
language : en
Publisher:
Release Date : 1996
Rights And Constitutionalism written by Dawid Hercules Van Wyk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.
Constitutional Comparison
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Author : François Venter
language : en
Publisher: BRILL
Release Date : 2021-07-26
Constitutional Comparison written by François Venter and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-26 with Law categories.
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
The Selfless Constitution
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Author : Stu Woolman
language : en
Publisher: African Books Collective
Release Date : 2021-07-28
The Selfless Constitution written by Stu Woolman and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-28 with Law categories.
Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.
South Africa
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Author : Siri Gloppen
language : en
Publisher: Routledge
Release Date : 2019-05-23
South Africa written by Siri Gloppen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-23 with Law categories.
Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the ’constitutional function’. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.
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.