A Theory Of African Constitutionalism

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A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

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Genre : Law
Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Release : 2021-07-08
File : 272 Pages
ISBN-13 : 9780192646149


Public Participation In African Constitutionalism

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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.

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Genre : Political Science
Author : Tania Abbiate
Publisher : Routledge
Release : 2017-11-22
File : 478 Pages
ISBN-13 : 9781351719643


A Theory Of African Constitutionalism

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BOOK EXCERPT:

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

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Genre : Law
Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Release : 2021
File : 273 Pages
ISBN-13 : 9780192893925


African Constitutionalism And The Role Of Islam

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Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.

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Genre : Political Science
Author : Abdullahi Ahmed An-Na'im
Publisher : University of Pennsylvania Press
Release : 2010-11-24
File : 213 Pages
ISBN-13 : 9780812201116


South African Constitutional Law

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Genre : Law
Author : D. A. Basson
Publisher : Juta
Release : 1988
File : 458 Pages
ISBN-13 : UVA:X001615166


Constitutionalism And Society In Africa

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This study provides a refreshingly in-depth analysis of the strengths and weaknesses of constitutional provisions for managing the challenges of race, religion, ethnicity, citizenship, civil liberties and civil-military relations in Africa's transitional democracies.

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Genre : Law
Author : Okon Akiba
Publisher : Routledge
Release : 2004
File : 222 Pages
ISBN-13 : UOM:39015059280035


Constitutional Democracy In Africa Constitutionalism Authoritarianism And Statism

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This five-volume work received a Special Commendation in the 2005 Noma Award for Publishing in Africa. The Jury cited the work as: "A magisterial and authoritative treatment of all aspects of constitutional democracy in Africa. The author cares very deeply about democracy thriving in Africa, but never weakens his objectivity in assessing its history or prospects. It places the author securely as one of Africa's great scholars."

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Genre : Literary Criticism
Author : Benjamin Obi Nwabueze
Publisher :
Release : 2003
File : 428 Pages
ISBN-13 : STANFORD:36105121811173


Human Rights Theories And Practices

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Genre : Human rights
Author : Rea Simigiannis
Publisher :
Release : 2001
File : 270 Pages
ISBN-13 : UOM:39015055864600


Introduction To South African Constitutional Law

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Genre : Law
Author : Gretchen Carpenter
Publisher : Butterworth-Heinemann
Release : 1987
File : 628 Pages
ISBN-13 : UVA:X001595447


The African World

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Survey of social research on Africa. Articles covering historical and cultural factors, psychological aspects and sociological aspects, demographic aspects and geographical aspects and research in agriculture. Bibliography pp. 493 to 560.

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Genre : Africa
Author : Robert A. Lystad
Publisher : New York : Praeger
Release : 1965
File : 606 Pages
ISBN-13 : STANFORD:36105044632490