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  • Separation of Powers in African Constitutionalism

    Separation of Powers in African Constitutionalism by Fombad, Charles M.;

    Series: Stellenbosch Handbooks In African Constitutional Law;

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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 3 March 2016

    • ISBN 9780198759799
    • Binding Hardback
    • No. of pages444 pages
    • Size 249x185x31 mm
    • Weight 946 g
    • Language English
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    Short description:

    The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.

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    Long description:

    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.

    Offers a historical overview to African constitutionalism that explains its many influences [including] illustrative examples from the constitutions of several jurisdictions, including Cape Verde, South Africa, Tunisia, Egypt, Burundi, Zambia, Botswana, Malawi, Cameroon, and many others. It provides a general overview of how the concept of the separation of powers manifests itself in African constitutions, as influenced by the American presidential system, the British parliamentary system, and the French 'hybrid' system ... The content is extensively annotated, providing citations to many other books and articles that researchers can use to perform a deeper dive into this subject. I am glad that Oxford University Press is publishing this series, and I am looking forward to exploring its future volumes as they are released.

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    Table of Contents:

    General Introduction
    Part I: Overview
    The evolution of modern African constitutions: A retrospective perspective
    An overview of the separation of powers under modern African constitutions
    Part II: The Relationship between the Legislature and the Executive
    Parliamentary sovereignty or presidential imperialism? The difficulties of identifying the source of constitutional power from the interaction between legislatures and executives in Anglophone Africa
    The context of Kenya's budding bicameralism and legislative-executive relations
    Legislative-executive relations in presidential democracies: The case of Nigeria
    Part III: The Relationship between the Judiciary and the Political Branches
    An overview of judicial and executive relations in Lusophone Africa
    Re-imagining judicial/executive relationships and their future in Africa
    Super-presidentialism in Angola and the Angolan judiciary
    An overview of approaches to judicial and executive relations: Case study on Ghana
    Judicial/executive relations in Nigeria's constitutional development: Clear patterns or confusing signals?
    Relations between the legislature and the judiciary in Ethiopia
    Separation of powers in judicial enforcement of governmental ethics in Kenya and South Africa
    Judicial and executive relations in Namibia: A review of four cases
    Part IV: Independent Constitutional Institutions
    The role of emerging hybrid institutions of accountability in the separation of powers scheme in Africa
    The public prosecutor in the Commonwealth: Separation of powers and the rule of law
    Separation of powers and the role of the public prosecutor in Francophone Africa
    Conclusion

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