Separation of Powers in African Constitutionalism

ISBN-13: 9780198759799 / Angielski / Twarda / 2016 / 512 str.

Charles M Fombad

Opis

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent.
Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Recenzje

Offers a historical overview to African constitutionalism that explains its many influences [including] illustrative examples from the constitutions of several jurisdictions, including Cape Verde, South Africa, Tunisia, Egypt, Burundi, Zambia, Botswana, Malawi, Cameroon, and many others. It provides a general overview of how the concept of the separation of powers manifests itself in African constitutions, as influenced by the American presidential system, the British parliamentary system, and the French 'hybrid' system ... 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.

O autorze

Professor Charles Manga Fombad is presently a Professor of law and the head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoria. He has taught in the University of Botswana, the University of Yaounde at Soa, and was visiting Professor in the Universities of Dschang and Buea in Cameroon. He was also a Professor Extraordinarius of the Department of Jurisprudence, School of Law, University of South Africa from 2003-2007. Professor Fombad is the author/editor of numerous books and articles, and has been awarded the Bobbert Association Prize and the Wedderburn Prize for his work. His research interests are in comparative constitutional law, delict (tort law), media law, international law, and legal history, especially issues of legal harmonization.