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Comparative Constitutional Law in Africa

Edited by: Rosalind Dixon, Tom Ginsburg, Adem K. Abebe

ISBN13: 9781839106880
Published: December 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £135.00



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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.

Subjects:
Constitutional and Administrative Law, Comparative Law, Other Jurisdictions , Africa
Contents:
1. Introduction to comparative constitutional law in Africa
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
Abrak Saati
3. Constitutional amendment and term limit evasion in Africa
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
Charles Fombad
6. Democratic constitutional transitions in sub-Saharan Africa
Duncan M. Okubasu
7. Federalism, devolution and territorially based cleavages in Africa
Assefa Fiseha
8. Regulating the exercise of public power through law: a first glance at comparative administrative law/justice in Africa
Hugh Corder
9. Constitutional responses to corruption in Africa
Selemani Kinyunyu
PART III. CONSTITUTIONAL RIGHTS AND FREEDOMS
10. Constitutions, freedom of expression, internet shutdowns, social media and defamation laws in Africa
Mugambi Laibuta
11. Constitutional protection of socio-economic rights in Africa
Magnus Killander
12. Constitutional regulation of religion in Africa
Johan D. van der Vyver
13. Traditional kingdoms and modern constitutions: parochialism, patriarchy, and despotism vs. indigenous
safeguards against absolutism
Jan Erk
PART IV. CONSTITUTIONS AND SUPRANATIONAL LAW
14. Africanization of constitutional law
Micha Wiebusch

Index