Constitutional Adjudication in Africa

ISBN-13: 9780198810216 / Angielski / Twarda / 2017 / 416 str.

Opis

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.

Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction inconstitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent.Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to whichthese courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, andopportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.

Recenzje

[Covers] constitutional jurisprudence in specific African jurisdictions, including Benin, Cameroon, Angola, Ghana, Nigeria, South Africa, and Ethiopia. There are also chapters discussing the impact of transjudicialism on constitutional adjudication, including the effects of international law norms and the work of regional and sub-regional courts in Africa. Another chapter expands on the influence of Ubuntu on constitutional adjudication in Africa. Finally, Professor Fombad's conclusion explores the further development of constitutional justice in Africa in the future ... The content is extensively annotated, providing citations to many other books and articles that researchers can use to perform a deeper dive into this subject. I am glad that Oxford University Press is publishing this series, and I am looking forward to exploring its future volumes as they are released. Jennifer Allison, Harvard Law School Library, Et Seq. The blog of the Harvard Law School Library

O autorze

Charles Manga Fombad is Professor of Law and heads the African Constitutional Law Unit at the Institute for International and Comparative Law, Faculty of Law, University of Pretoria. He has taught at the University of Botswana, the University of Yaounde II at Soa,) and was visiting Professor at the Universities of Dschang and Buea in Cameroon. From 2003 to 2007 he was also a Professor Extraordinarius of the Department of Jurisprudence, School of Law, University of South Africa. Professor Fombad is the author of several books is a member of the editorial board of a number of international journals. He is currently a Vice President of the International Association of Constitutional Law. He is also a member of the Academy of Science of South Africa and a fellow of the Stellenbosch Institute for Advanced Study. His research interests are in comparative African constitutional law, media law, and the African Union and legal history, especially issues of legal harmonization.