Comparative Constitutional Law in Africa

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Comparative Constitutional Law in Africa

9781839106880 Edward Elgar Publishing
Edited by Rosalind Dixon, Professor of Law, UNSW Sydney, Australia, Tom Ginsburg, Leo Spitz Professor, University of Chicago Law School and Research Associate, American Bar Foundation, US and Adem Kassie Abebe, Senior Advisor, Constitution-Building Programme, International Institute for Democracy and Electoral Assistance, The Hague, the Netherlands and Extraordinary Lecturer, Centre for Human Rights, University of Pretoria, South Africa
Publication Date: 2022 ISBN: 978 1 83910 688 0 Extent: 418 pp
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.

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Critical Acclaim
Contributors
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This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.

Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa’s place within the growing discourse of comparative constitutional law.

Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.
Critical Acclaim
‘Dixon, Ginsburg, and Abebe have built a magnificent team of eminent scholars to guide readers through the largely uncharted terrain of African constitutionalism. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied yet immensely important region of the world.’
– Richard Albert, The University of Texas at Austin, US
Contributors
Contributors: Adem K. Abebe, Markus Böckenförde, Hugh Corder, Rosalind Dixon, Jan Erk, Assefa Fiseha, Charles Fombad, Tom Ginsburg, Magnus Killander, Selemani Kinyunyu, Mugambi Laibuta, Duncan M. Okubasu, Abrak Saati, Johan D. van der Vyver, Micha Wiebusch
Contents
Contents:

1 Introduction to comparative constitutional law in Africa 1
Adem Abebe, Rosalind Dixon and Tom Ginsburg

PART I CONSTITUTIONAL DESIGN, AMENDMENT,
AND INTERPRETATION
2 Public participation, representative elites and technocrats
in constitution-making processes: Nigeria, Uganda, South
Africa and Kenya 16
Abrak Saati
3 Constitutional amendment and term limit evasion in Africa 40
Tom Ginsburg, Adem Abebe, and Rosalind Dixon
4 Constitutional review in Africa 58
Markus Böckenförde
5 Political party constitutionalisation in Africa: trends and
prospects for deepening constitutionalism 110
Charles Fombad

PART II CONSTITUTIONAL STRUCTURE:
DEMOCRATIZATION AND TAMING THE EXECUTIVE
6 Democratic constitutional transitions in sub-Saharan Africa 138
Duncan M. Okubasu
7 Federalism, devolution and territorially based cleavages in Africa 158
Assefa Fiseha
8 Regulating the exercise of public power through law:
a first glance at comparative administrative law/justice in Africa 217
Hugh Corder
9 Constitutional responses to corruption in Africa 244
Selemani Kinyunyu

PART III CONSTITUTIONAL RIGHTS AND FREEDOMS
10 Constitutions, freedom of expression, internet shutdowns,
social media and defamation laws in Africa 269
Mugambi Laibuta
11 Constitutional protection of socio-economic rights in Africa 293
Magnus Killander
12 Constitutional regulation of religion in Africa 313
Johan D. van der Vyver
13 Traditional kingdoms and modern constitutions:
parochialism, patriarchy, and despotism vs. indigenous
safeguards against absolutism 329
Jan Erk

PART IV CONSTITUTIONS AND SUPRANATIONAL LAW
14 Africanization of constitutional law 362
Micha Wiebusch

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