Identity, Diversity, and Constitutionalism in Africa

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Release : 2008
Genre : Law
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Book Rating : 348/5 ( reviews)

Identity, Diversity, and Constitutionalism in Africa - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Identity, Diversity, and Constitutionalism in Africa write by Francis Mading Deng. This book was released on 2008. Identity, Diversity, and Constitutionalism in Africa available in PDF, EPUB and Kindle. In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Constitutionalism and Society in Africa

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Release : 2017-03-02
Genre : Political Science
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Book Rating : 365/5 ( reviews)

Constitutionalism and Society in Africa - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutionalism and Society in Africa write by Okon Akiba. This book was released on 2017-03-02. Constitutionalism and Society in Africa available in PDF, EPUB and Kindle. The issues addressed in this rewarding book provide new insight into the way we conceive, reflect and study the problems of political transformation and constitution-making in Africa. The 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. Tracing emerging trends in constitution-making, it blends the theory of constitutional democracy with case studies, and defines the imperative of social justice.

Taking Ethno-Cultural Diversity Seriously in Constitutional Design

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Release : 2012
Genre : Law
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Book Rating : 357/5 ( reviews)

Taking Ethno-Cultural Diversity Seriously in Constitutional Design - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Taking Ethno-Cultural Diversity Seriously in Constitutional Design write by Solomon A. Dersso. This book was released on 2012. Taking Ethno-Cultural Diversity Seriously in Constitutional Design available in PDF, EPUB and Kindle. Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.

Constitutional Identity and Constitutionalism in Africa

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Release : 2024-01-23
Genre : Law
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Book Rating : 323/5 ( reviews)

Constitutional Identity and Constitutionalism in Africa - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Identity and Constitutionalism in Africa write by . This book was released on 2024-01-23. Constitutional Identity and Constitutionalism in Africa available in PDF, EPUB and Kindle. In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.

What is Africanness? Contesting nativism in race, culture and sexualities

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Release : 2018-01-01
Genre : Law
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What is Africanness? Contesting nativism in race, culture and sexualities - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook What is Africanness? Contesting nativism in race, culture and sexualities write by Charles Ngwena. This book was released on 2018-01-01. What is Africanness? Contesting nativism in race, culture and sexualities available in PDF, EPUB and Kindle. What is Africanness? Contesting nativism in race, culture and sexualities by Charles Ngwena 2018 ISBN: 978-1-920538-82-8 Pages: 306 Print version: Available Electronic version: Free PDF available About the publication What is Africanness: Contesting nativism in culture, race and sexualities, by Charles Ngwena, Professor of Law at the Centre for Human Rights, Faculty of Law, University of Pretoria, is a peer-reviewed monograph aiming to contribute to the ongoing scholarly conversation in and beyond South Africa about who is African and what is African. It aims to implicate a reductive sameness in the naming of Africans (‘nativism’) by showing its teleology and effects; and offers an alternative understanding of how Africans can be named or can name themselves. The book develops an epistemology for constructing the hermeneutics of Africanness today, long after the primal colonial moment and its debasing racialising ideology. It interrogates the making of Africa in colonial discourses and the making of an African race and African culture(s) and sexuality(ies) in ways that are not just historically conscious but also have a heuristic capacity to contest nativism from the outside as well as from within. The arguments in this book go beyond problematising African identity by addressing an existential gap in theory for explicating African social identity. The book develops an interpretive method – a hermeneutics – for locating and deciphering African identifications in ways that are historically conscious and conjunctural. The hermeneutics look to the present and the future in addition to the past, so that African identifications are not nailed to a mast but remain invested with mobility and the capacity to mutate radically and make new and unexpected beginnings. Comments Charles Ngwena’s timely and original book is a wonderful read, rich in theory and insight, and an essential companion for those interested in exploring the ‘multiplicity of histories, cultures and subjectivities’ that constitute the diversity of ‘Africanness’ and African identities. – Professor Cathi Albertyn, School of Law, University of the Witwatersrand, Editor, South African Journal on Human Rights This is a brilliant exploration of liberating and affirming ways to speak of African identities and sexualities, reminding us there can be creative beauty where pain and dispossession have resided. – Rudo Chigudu, Centre for Human Rights, University of Pretoria This is a masterpiece! Not only does the author capture the discourse and debates on “Africanness”, he aptly examines them before offering his views on “decentring the race of Africanness” with the important recognition of “Africa as land of diverse identifications”. – Prof Serges Djoyou Kamga, Thabo Mbeki African Leadership Institute, UNISA Table of Contents ACKNOWLEDGMENTS PREFACE DEDICATION PART 1: BACKGROUND TO THE HERMENEUTICS OF HETEROGENOUS AFRICANNESS 1. INTRODUCING THE ‘MANYNESS’ OF AFRICANNESS 1 Introduction 2 Nativism 2.1 Theocratic vision 2.2 Logic of identity 3 Reformulating African identity: Overcoming status subordination and achieving inclusive equality 4 Scope and structure of the book: A broad triangulation of race, culture and sexualities 4.1 Part 1: Background to the hermeneutics of heterogeneous Africanness 4.2 Part 2: Africanness, race and culture 4.3 Part 3: Heterogeneous sexualities 2. HERMENEUTICS OF AFRICANNESS: BUILDING ON STUART HALL’S CULTURAL THEORY OF IDENTIFICATIONS 1 Introduction 2 Connecting inclusive equality with a deconstructive hermeneutics of Africanness 3 Who/what is African?: A central discursive question 4 Hall’s cultural theory of identity as enunciation 4.1 Identity as becoming and being 4.2 Implications of a Hallian approach for conceptualising Africanness 4.2.1 Transposing Hall’s theory to Africanness as broad cultural and racial identifications 4.2.2 Transposing Hall’s theory onto African sexuality identifications 5 Positionality PART 2: AFRICANNESS, RACE AND CULTURE 3. WHAT’S IN A NAME? THE NAMING OF AFRICA AND AFRICANS, AND THE CONSTRUCTION OF RADICAL CULTURAL ALTERITY 1 Introduction: Representation, truth, knowledge and power 2 Naming of Africa 2.1 Provenance of the naming 3 Naming of Africans: Epochal re-description 3.1 Africa at the edge of time: The founding of alterity in anachronistic space 3.2 Africa as land of cultural otherness: A leaf from Mudimbe’s The invention of Africa 3.2.1 Christianity and the production of African spiritual alterity 3.2.2 Anthropology and the production of African cultural alterity 4 Mudimbe’s contribution to dialogic Africanness 4. AFRICA AS LAND OF RACIAL OTHERNESS 1 Introduction 2 The contribution of philosophy and science to the construction of African racial alterity 2.1 Philosophy 2.2 Science 3 Re-membering Saartjie Baartman: Black embodiment, ascribed identity and fetishisation 3.1 Logic of identity 3.2 Fetishisation 4 Apartheid and the banality of race 4.1 Creating ‘Africans’, ‘Coloureds’, ‘Indians’ and ‘Whites’ 4.1.1 ‘Africans’ and ‘Whites’ as extreme polarities 4.1.2 ‘Coloureds’ 4.1.3 ‘Indians’ 4.2 Racial positioning among inferiorised ‘races’ 4.3 Apartheid as not so much about apartness but baasskapism 5 Ode to an open Africanness 5. DECENTRING THE RACE OF AFRICANNESS 1 Introduction: putting race under erasure 2 Recalling Hall’s deconstructive identification template 3 Decentring the race of Africanness 3.1 Appiah’s In my father’s house 3.2 Blyden’s black personality 4 Retaining the political salience of race 4.1 Afropolitanism 5 Africa as space for diverse identifications and recognition of ever-evolving ethnicities PART 3: HETEROGENEOUS SEXUALITIES 6. REPRESENTING AFRICAN SEXUALITIES: CONTESTING NATIVISM FROM WITHOUT 1 Introduction 2 Said’s discourse of orientalism 2.1 Orientalism and Said’s aporias 2.1.1 Hybridity: Breaking with coloniser/ colonised binary 3 Nativising African peoples 4 Mamdani’s discourse of nativism 5 Nativism and the construction of colonial whiteness 5.1 Compulsory whiteness and regulation of sexualities 6 Nativising black men’s sexuality 6.1 Southern Rhodesia and the phantom of the ‘black peril’ 7 Black women’s sexual degeneracy and colonial continuities in Caldwell et al: A performative study of African women 7. ‘TRANSGRESSIVE’ SEXUALITIES: CONTESTING NATIVISM FROM WITHIN AND OVERCOMING STATUS SUBORDINATION 1 Introduction 1.1 Proclaiming heterosexuality and castigating homosexuality 1.2 Democratising sexuality 2 Discursive clarifications 2.1 Transgressive sexualities: the terminological rationale 2.2 Overcoming status subordination 2.3 Avoiding LGBTI essentialism 2.4 Avoiding unproductive LGBTI anti-essentialism 2.5 Remaining conscious of colonising sexuality knowledge 3 Deconstructing sexualities 3.1 Essentialist social construction 3.2 Transformative social construction 3.3 Deconstructing the relationship between sexuality and gender: Drawing on Richardson’s analytic template 3.3.1 Naturalist approach 3.3.2 Prioritising gender over sexuality 3.3.3 Gender as an effect of sexuality 3.3.4 Sex and gender as separate, non-deterministic, historically and culturally situated systems 3.3.5 Sexuality and gender elision 4 Way forward 8. MEDIATING CONFLICTING SEXUALITY IDENTIFICATIONS THROUGH POLITICS AND AN ETHICS OF PLURALISM 1 Introduction 2 Rawls’ overlapping consensus 3 Rescher’s dissensus management approach 4 Young’s critique of the ideal of impartiality and the civic public 5 Arendt’s concept of citizenship in a plural political community 6 Finding an overlapping consensus and asymmetrical reciprocity in African political and constitutional frameworks EPILOGUE: THEORISING AFRICANNESS BIBLIOGRAPHY INDEX