Constitutional Adjudication in Africa
Title | Constitutional Adjudication in Africa PDF eBook |
Author | Charles Manga Fombad |
Publisher | Oxford University Press |
Pages | 417 |
Release | 2017 |
Genre | Law |
ISBN | 0198810210 |
Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.
Socio-economic Rights
Title | Socio-economic Rights PDF eBook |
Author | Sandra Liebenberg |
Publisher | Juta and Company Ltd |
Pages | 572 |
Release | 2010 |
Genre | Business & Economics |
ISBN | 9780702184802 |
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication
Title | Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication PDF eBook |
Author | Sanele Sibanda |
Publisher | Taylor & Francis |
Pages | 201 |
Release | 2022-12-26 |
Genre | Political Science |
ISBN | 1000823725 |
Over the last 25 years, the doctrine of separation of powers has been established as both a foundational value and a structural principle applied by the courts in interpreting the relationship between South Africa’s constitutional structures. Jurisprudentially, the practicalities and contours of how, when and by whom the separation of powers should be determined has proven to be controversial. Therefore, the past decade has been characterised by heightened political contestation, often resulting in extensive litigation posing thorny political issues. This has had profound implications for the judiciary and raised difficult questions on the very nature of South African constitutionalism. These political contestations gathered even greater momentum and urgency during the early days of COVID-19 in 2020, when the first iteration of this book was produced as a special issue of the South African Journal on Human Rights. This timely volume brings together critical reflections on developments in South Africa’s separation of powers jurisprudence and theory, the role and function of the judiciary through its judgments in shaping the landscape of constitutional politics, as well the implications of this for the consolidation of South Africa’s democratic constitutional project. It makes an important contribution to the debate on the politics of constitutional adjudication in light of the doctrine of separation of powers. This book will be of interest to researchers and advanced students of politics, history, law and legal theory, human rights, and African studies.
A Theory of African Constitutionalism
Title | A Theory of African Constitutionalism PDF eBook |
Author | Berihun Adugna Gebeye |
Publisher | Oxford University Press |
Pages | 272 |
Release | 2021-07-08 |
Genre | Law |
ISBN | 0192646141 |
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Ascendant Judiciary in East Africa
Title | Ascendant Judiciary in East Africa PDF eBook |
Author | J. B. Ojwang |
Publisher | |
Pages | 143 |
Release | 2013 |
Genre | Judicial power |
ISBN | 9789966054012 |
Constitutional Adjudication in South Africa
Title | Constitutional Adjudication in South Africa PDF eBook |
Author | Anton Fagan |
Publisher | |
Pages | 414 |
Release | 1997 |
Genre | South Africa |
ISBN |
Proportionality and Judicial Activism
Title | Proportionality and Judicial Activism PDF eBook |
Author | Niels Petersen |
Publisher | Cambridge University Press |
Pages | 261 |
Release | 2017-03-02 |
Genre | Law |
ISBN | 1107177987 |
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.