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Constitutionalism and the Economy in Africa (eBook)

Edited by: Charles M. Fombad, Nico Steytler

ISBN13: 9780192886453
Published: November 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £131.25
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Despite expectations that the celebrated second wave of constitutional democracy in the 1990s would facilitate economic development, Africa remains the continent with the highest level of poverty in the world. The fight against poverty hinges on a vibrant economy that creates jobs and income by generating enough revenue to enable the state to take pro-development measures. However, instead of the economic benefits that were supposed to accrue from the constitutional reforms of the last three decades (including entrenching a market economy), African economies remain weak, a situation that has been aggravated by the COVID-19 pandemic.

By focusing on the relationship between constitutionalism and economic growth in Africa, this volume addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy, and if so, in what manner? (2) Given that agriculture and extractive industries are the main sources of state revenue in many African economies, how are matters of land and other natural resources dealt with constitutionally? (3) Where the market economy is captured in a constitution, what is the state's relationship to that economy: interventionist or laissez-faire, or somewhere in between? Have constitutions also established a 'social' state that provides its citizens with the basic elements of a dignified life? (4) In the process of constitution-making and implementation concerning the economy, what impact has globalization had on constitutionalism and economic growth in Africa? (5) Finally, how has the relationship between constitutionalism and economic growth played out in practice? Is there a symbiotic relationship? Has constitutionalism led (or may do so) to greater economic prosperity?

Constitutionalism and the Economy in Africa offers a range of comprehensive arguments and case studies that will be of interest and use to academics, post-graduate students, judges, lawyers, economists, and policy makers involved in the economic role of the State, the impact of globalization, and the constitutional foundations for land and natural resources exploitation.

Constitutional and Administrative Law, Other Jurisdictions , eBooks, Africa
Introductory Remarks, Trevor Manuel
Introduction, Nico Steytler and Charles M Fombad
Part I: Concepts and Context
1:Constitutionalism and the Economy: Concepts and Questions, Nico Steytler
2:Relationships between the Economy and Constitutionalism in Sub-Saharan Africa, Ramos Emmanuel Mabugu
3:Constitutional Law and the Economy: Comparing Liberal Market Orders, Stephan F. H. Ollick
Part II: Constitutionalising a Market Economy
4:Comparative Overview of Measures and Devices to Shape the Economy in Some Modern African Constitutions, Charles M Fombad
5:The Unravelling of the Constitution, Economy and Constitutionalism in South Africa, Nico Steytler
Part III: The Constitutional Framework for Land and Natural Resources
6:Protecting the Land, Protecting the Resources: A Comparative Assessment of Constitutional Protections within Kenya, Sudan, and South Sudan, John Hursh
7:The Political Economy of Post-Colonial Constitutionalism in Southern Africa, Heinz Klug
8:Land, Conflict and the Economy: The Role of the Constitution in Addressing the Land Issue in Post-Independence Zimbabwe, Makanatsa Makonese
9:Custodial Resource Holding as an Expression of Constitutional and Economic Intent in Africa, Hanri Mostert
10:Namibia s Resource-Based Economy: Protection vs Exploitation of Nature, Henning Melber
Part IV: The Constitutional Framework for the State s Role in the Economy
11:The New Economic Empire of the Egyptian Military: A Lesson in Blurred Lines and Constitutional Transgression, Sherif Elgebeily
12:Determining the Jurisdiction of Regional States in Promoting Investment in Ethiopia: A Constitutional and Practical Inventory, Solomon Negussie
Part V: Impact of Globalisation on the Economy and Constitutionalism
13:Taming the Spectre of Unsustainable Public Debt in Africa: A Heightened Role for Constitutions, Adem Kassie Abebe
14:The Turn to Global Constitutionalism at the WTO and its Impact on African Constitutionalism, Eva Maria Belser
Part VI: General Conclusion
15:Constitutionalising the Market Economy and the Quest for Constitutionalism, Nico Steytler

Series: Stellenbosch Handbooks In African Constitutional Law 

Constitutional Identity and Constitutionalism in Africa ISBN 9780198906308
To be published February 2024
Oxford University Press
Constitutionalism and the Economy in Africa ISBN 9780192886439
Published November 2022
Oxford University Press
Democracy, Elections, and Constitutionalism in Africa ISBN 9780192894779
Published March 2021
Oxford University Press
Decentralization and Constitutionalism in Africa ISBN 9780198846154
Published September 2019
Oxford University Press
Constitutional Adjudication in Africa ISBN 9780198810216
Published August 2017
Oxford University Press
Separation of Powers in African Constitutionalism ISBN 9780198759799
Published March 2016
Oxford University Press