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This volume looks at the relationship between constitutional law and the African political economy. It tackles a range of issues from the impact of globalization to the State's role in the economy, and the constitutional foundations for land and natural resources exploitation, regulation and protection.
What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? Democratic Consolidation and Constitutional Endurance in Asia and Africa is a well-articulated response to the growing scholarly conversation on democratic backsliding and resilience. Bringing together leading and emerging voices in constitutional law, this groundbreaking new collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Across seven thematic chapters and seven case studies, the volume provides analytical insight into central topics arising fr...
The history of international dispute resolution is long and complex. Peaceful dispute resolution can forestall conflict, promote peace, and provide a framework for co-operation amongst nations. Nowhere is this potential more articulated than in the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). In his work and his scholarship, he modelled how international dispute resolution can promote stability in world affairs. This collection of essays by distinguished scholars and practitioners commemorates and expands upon Caron's work by exploring the work of international dispute resolution institutions and conventions, including the Permanent Court of Arbitration...
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.
A former British colony, The Gambia became independent in 1965 and has had only three presidents since then. While The Gambia remained a very poor country under its first prime minister and then president (from 1970), Sir Dawda Jawara, democratic institutions survived, multi-party elections were free and fair, and the country’s human rights record was excellent. In contrast, there were seriously flawed elections and extensive human rights abuses under first the Armed Forces Provisional Ruling Council and then President Yahya Jammeh. Since Adama Barrow became president in 2017, democratic rule and fair elections have been restored, although many challenges remain; for example, the 2020 Cons...
This book brings together a selection of fifty speeches ,articles and papers by the author drawn from his long and diverse experience in governance matters. The common threads running through the book emphasise the need for good governance as the foundation for human development,the consent of the people as the source of the legitimate authority of government,the need for accountability of government and checks on abuse of administrative power,respect for fundamental human rights and freedoms,judicial independence, impartiality and efficiency and the recognition of government power as a means to the attainment of civil,political,social and economic justice .
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This third volume of the EYCL focuses on constitutional advice, an underexplored topic of legal scholarship today, and addresses this situation by looking beyond constitutional law’s familiar focus on the classic separation of powers and the main legislative, executive and judicial bodies implied by this construct. The attention is shifted to mapping and analysing the advisory bodies and functions grouped around and in support of the legislators, ad...
With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved.
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 ci...
The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation o...