SEPARATION POWERS AFRICAN CONST SHACL C

Erscheinungsjahr 2016
ISBN: 978-0-19-875979-9
Verlag: ACADEMIC

Buch, Englisch, 444 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 944 g

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.

Autoren/Hrsg.

Fombad

Fombad, Charles M.

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Öffentliches Recht

Inhaltsverzeichnis

- General Introduction

- Part I: Overview

- 1: Charles M. Fombad: The evolution of modern African constitutions: A retrospective perspective

- 2: Charles M. Fombad: An overview of the separation of powers under modern African constitutions

- Part II: The Relationship between the Legislature and the Executive

- 3: Francois Venter: Parliamentary sovereignty or presidential imperialism? The difficulties of identifying the source of constitutional power from the interaction between legislatures and executives in Anglophone Africa

- 4: Conrad Bosire: The context of Kenya's budding bicameralism and legislative-executive relations

- 5: Sylvester Shikyil: Legislative-executive relations in presidential democracies: The case of Nigeria

- Part III: The Relationship between the Judiciary and the Political Branches

- 6: Fernando Bastos: An overview of judicial and executive relations in Lusophone Africa

- 7: James Fowkes: Re-imagining judicial/executive relationships and their future in Africa

- 8: Andre Thomashaussen: Super-presidentialism in Angola and the Angolan judiciary

- 9: Kofi Quashigah: An overview of approaches to judicial and executive relations: Case study on Ghana

- 10: Ameze Guobadia: Judicial/executive relations in Nigeria's constitutional development: Clear patterns or confusing signals?

- 11: Assefa Fiseha: Relations between the legislature and the judiciary in Ethiopia

- 12: Walter Ochieng: Separation of powers in judicial enforcement of governmental ethics in Kenya and South Africa

- 13: Nico Horn: Judicial and executive relations in Namibia: A review of four cases

- Part IV: Independent Constitutional Institutions

- 14: Charles M. Fombad: The role of emerging hybrid institutions of accountability in the separation of powers scheme in Africa

- 15: Jeffrey Jowell: The public prosecutor in the Commonwealth: Separation of powers and the rule of law

- 16: Horace Adjolohoun and Charles M. Fombad: Separation of powers and the role of the public prosecutor in Francophone Africa

- Conclusion

Über Autor(innen)

Professor Charles Manga Fombad is presently a Professor of law and the head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoria. He has taught in the University of Botswana, the University of Yaounde at Soa, and was visiting Professor in the Universities of Dschang and Buea in Cameroon. He was also a Professor Extraordinarius of the Department of Jurisprudence, School of Law, University of South Africa from 2003-2007.
Professor Fombad is the author/editor of numerous books and articles, and has been awarded the Bobbert Association Prize and the Wedderburn Prize for his work. His research interests are in comparative constitutional law, delict (tort law), media law, international law, and legal history, especially issues of legal harmonization.