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A Theory of African Constitutionalism
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 ho...
The Last Post-Cold War Socialist Federation
After the fall of the Berlin wall and the disintegration of the former USSR and Yugoslavia, it has widely been assumed that socialist federations have become a thing of the past. Ethiopia’s ethnic federal system however is essentially a socialist federal system based on the notion of the ’right to self-determination of nationalities’ and a Marxist-Leninist organization of the state and party. This book assesses the Ethiopian ethnic federal system from the perspective of the principles of socialist federations and other Marxist oriented policies pursued by the ruling Ethiopian Peoples' Revolutionary Democratic Front (EPRDF). Exploring how the application of these ideological principles ...
A Theory of African Constitutionalism
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.
Media Law in Ethiopia
Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Ethiopia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that ar...
The Veil of Participation
Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.
Redefining Comparative Constitutional Law
Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tus...
“Beggars on our own land ...”
In 1954, the Haillom people were evicted from Etosha by the South African-con-trolled South West African Administration. In 2015, the Haillom filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. "Beggars on our own land ..." unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Haillom people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands? Odendaal goes into detail how the Tsumib case materialised under the post-inde-pendence Namibian constitutional discourse. He assesses the Namibian land re form pr...
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
