This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.

This book argues that a leading cause of the political instability in the Horn of Africa is a crisis of governance, caused by extreme centralization of power, weak institutions, and the failure to institutionalise the responsible use of authority. In recent years, many attempts have been made to resolve the ongoing conflicts in Somalia and South Sudan, but problems remain, and in 2019 the instability spread to Ethiopia. This book critically examines how many of the governance problems in the region can be addressed through institutional design. The central argument is that an inclusive system of governance through federalism, devolution, and inclusive political institutions as well as ensuring the institutionalization of power through strengthening the rule of law has the potential to make governments more accountable, inclusive, and be able to deliver critical services. Such systems ensure relative stability and peace and reduce the risks of state fragmentation – a major concern in the region. Demonstrating that the threats of further fragmentation and conflict due to the crisis of governance are likely to continue unless serious steps are taken to deal with the situation, the book will be an important read for researchers and policy makers with an interest in peacemaking, politics, constitutional law, and federalism in the region.

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

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.

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.