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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...
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...
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.
The History and Political Transition of Zimbabwe
This book is the first to tackle the difficult and complex politics of transition in Zimbabwe, with deep historical analysis. Its focus is on a very problematic political culture that is proving very hard to transcend. At the center of this culture is an unstable but resilient ‘nationalist-military’ alliance crafted during the anti-colonial liberation struggle in the 1970s. Inevitably, violence, misogyny and masculinity are constitutive of the political culture. Economically speaking, the culture is that of a bureaucratic, parasitic, primitive accumulation and corruption, which include invasion and emptying of state coffers by a self-styled ‘Chimurenga aristocracy.’ However, this Chi...
The Transformation of Environmental Law and Governance
This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.
Beyond Autonomy
Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.
Constitutionalism and the Economy in Africa
Despite expectations that the celebrated second wave of constitutional democracy in the 1990s would facilitate economic development, Africa remains the continent with the highest level of poverty in the world. The fight against poverty hinges on a vibrant economy that creates jobs and income by generating enough revenue to enable the state to take pro-development measures. However, instead of the economic benefits that were supposed to accrue from the constitutional reforms of the last three decades (including entrenching a market economy), African economies remain weak, a situation that has been aggravated by the COVID-19 pandemic. By focusing on the relationship between constitutionalism a...
COVID-19, Law, and Regulation
COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book consider...
Decentralization, Democracy, and Development in Africa
Decentralization reforms introduced to Africa in the 1990s have not always delivered the intended long-term outcomes. This is a collection on the consequences of these reforms two decades on. In addition to general and comparative overviews, the book contains case studies on Ghana, Senegal, Zimbabwe, Namibia, Ethiopia, and Uganda. The common theme across the chapters is that the reforms seem to have engendered political consequences beyond decentralization itself – mostly through interaction with the broader historical, political, social, and economic context. The book thus speaks both to the scholarly literature (on decentralization, democratization, and development) and to the community ...
Federalism and the Rights of Persons with Disabilities
This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
