Judicial Review Systems in West Africa: a Comparative Analysis

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Release : 2016
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Book Rating : 524/5 ( reviews)

Judicial Review Systems in West Africa: a Comparative Analysis - 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 Judicial Review Systems in West Africa: a Comparative Analysis write by . This book was released on 2016. Judicial Review Systems in West Africa: a Comparative Analysis available in PDF, EPUB and Kindle. This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Enablers Or Obstacles

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Release : 2019
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Enablers Or Obstacles - 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 Enablers Or Obstacles write by Jonatan Schäfer. This book was released on 2019. Enablers Or Obstacles available in PDF, EPUB and Kindle. In recent decades, the third-term syndrome spread across sub-Saharan Africa, denoting the trend of presidents in sub-Saharan African countries to bend, circumvent, or alter constitutional term limits in order to stay in power. Reflecting another regional trend, this often happens through formal institutional rather than extraconstitutional channels. An important factor in this context are judicial review bodies, as one formal channel sees courts legalising third-term bids by exploiting constitutional ambiguities. However, with regard to the role of courts in the third-term question, a gap exists in third-term literature. The thesis addresses this gap by investigating into the conditions under which courts are willing and able to oppose the presidential third-term bid. Institutional and strategic arguments are combined into a general theoretical model, which is then tested using crisp-set Qualitative Comparative Analysis. The analysis offers considerable support for the model, showing that court decisions rest upon institutional provisions, the dispersion of political power, and strategic considerations of judges regarding the political and societal environment, combining in different theoretically anticipated ways. By investigating into court decisions on third-term cases, the thesis contributes to third-term literature and provides a model that may serve as a basis for future research in similar settings.

Federalism and the Courts in Africa

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Release : 2020-03-18
Genre : Law
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Book Rating : 243/5 ( reviews)

Federalism and the Courts 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 Federalism and the Courts in Africa write by Yonatan T. Fessha. This book was released on 2020-03-18. Federalism and the Courts in Africa available in PDF, EPUB and Kindle. This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

Comparative Judicial Review

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Release : 2018
Genre : Law
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Book Rating : 609/5 ( reviews)

Comparative Judicial Review - 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 Comparative Judicial Review write by Erin F. Delaney. This book was released on 2018. Comparative Judicial Review available in PDF, EPUB and Kindle. Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

The Mighty Problem of Judicial Review and the Contribution of Comparative Analysis

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Release : 1980
Genre : Judicial review
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The Mighty Problem of Judicial Review and the Contribution of Comparative Analysis - 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 The Mighty Problem of Judicial Review and the Contribution of Comparative Analysis write by Mauro Cappelletti. This book was released on 1980. The Mighty Problem of Judicial Review and the Contribution of Comparative Analysis available in PDF, EPUB and Kindle.