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Democracy, Elections, and Constitutionalism in Africa
This volume examines democracy and elections in Africa, taking stock of the state of constitutional democracy on the continent after the democratic gains of the 1990s and 2000s, focusing on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.
Federalism as Decision-Making
Accounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance. Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies. The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.
Corruption and Constitutionalism in Africa
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...
Decentralization and Constitutionalism in Africa
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...
Courts and Diversity
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
State Formation After Civil War
State formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that possibility, reproducing a fragmented, selective view of this complex reality. Placing too much emphasis on state building as design they place too little on understanding state formation as unplanned historical process. The dominant focus on national institutions also ignores the role that cities and civic polities have played in constituting the modern state. Mining ideas from many disciplines and evidence from 19 peace processes, including South Africa, the book argues t...
Climate Governance and Federalism
The majority of the world's largest carbon emitters are either federations or have adopted systems of decentralised governance. The realisation of the world's climate mitigation objectives therefore depends in large part on whether and how governments within federal systems can cooperate to reduce carbon emissions and catalyse the emergence of low-carbon societies. This volume brings together leading experts to explore whether federal or decentralised systems help or hinder efforts to mitigate and adapt to climate change. It reviews the opportunities and challenges federalism offers for the development and implementation of climate mitigation and adaption policies and identifies the conditions that influence the outcomes of climate governance. Including in-depth case studies of 14 different jurisdictions, this is an essential resource for academics, policymakers and practitioners interested in climate governance, and the best practices for enhancing climate action. This title is also available as Open Access on Cambridge Core.
Global Multi-level Governance
Since the end of the Cold War, European and East Asian states have developed a series of unique trans-boundary structures and agreements, such as the European Union and ASEAN, and through new bilateral, multilateral and inter-regional relationships both Europe and East Asia are helping to transform other regions and the global community. This publication examines the complex emergence of a multi-level global governance system through innovative developments in info-communications governance; the role of policy advisors, think-tanks and related track-2 processes; and changes in higher education systems.
Territory and Power in Constitutional Transitions
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Ac...
Governance and the postcolony
Civil society, NGOs, governments, and multilateral institutions all repeatedly call for improved or ‘good’ governance – yet they seem to speak past one another. Governance is in danger of losing all meaning precisely because it means many things to different people in varied locations This is especially true in sub-Saharan Africa. Here, the postcolony takes many forms, reflecting the imperial project with painful accuracy. Offering a set of multidisciplinary analyses of governance in different sectors (crisis management, water, food security, universities), in different locales across sub-Saharan Africa, and from different theoretical approaches (network to adversarial network governan...
