Separation of Powers in African Constitutionalism - 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 Separation of Powers in African Constitutionalism write by Charles M. Fombad. This book was released on 2016-03-03. Separation of Powers in African Constitutionalism available in PDF, EPUB and Kindle. The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
The Evolution of the Separation of Powers
The Evolution of the Separation of Powers - 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 Evolution of the Separation of Powers write by David Bilchitz. This book was released on . The Evolution of the Separation of Powers available in PDF, EPUB and Kindle. To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication
Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication - 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 Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication write by Sanele Sibanda. This book was released on 2022-12-26. Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication available in PDF, EPUB and Kindle. Over the last 25 years, the doctrine of separation of powers has been established as both a foundational value and a structural principle applied by the courts in interpreting the relationship between South Africa’s constitutional structures. Jurisprudentially, the practicalities and contours of how, when and by whom the separation of powers should be determined has proven to be controversial. Therefore, the past decade has been characterised by heightened political contestation, often resulting in extensive litigation posing thorny political issues. This has had profound implications for the judiciary and raised difficult questions on the very nature of South African constitutionalism. These political contestations gathered even greater momentum and urgency during the early days of COVID-19 in 2020, when the first iteration of this book was produced as a special issue of the South African Journal on Human Rights. This timely volume brings together critical reflections on developments in South Africa’s separation of powers jurisprudence and theory, the role and function of the judiciary through its judgments in shaping the landscape of constitutional politics, as well the implications of this for the consolidation of South Africa’s democratic constitutional project. It makes an important contribution to the debate on the politics of constitutional adjudication in light of the doctrine of separation of powers. This book will be of interest to researchers and advanced students of politics, history, law and legal theory, human rights, and African studies.
Corruption and Constitutionalism in Africa
Corruption 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 Corruption and Constitutionalism in Africa write by Charles M. Fombad. This book was released on 2020-03-12. Corruption and Constitutionalism in Africa available in PDF, EPUB and Kindle. This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects
THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects - 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 IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects write by Charles M. Fombad. This book was released on 2016-12-30. THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects available in PDF, EPUB and Kindle.
