Promoting Efficiency In Jurisprudence And Constitutional Development In Africa
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Promoting Efficiency in Jurisprudence and Constitutional Development in Africa
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Author | : Azubike Onuora-Oguno |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Electronic Book |
ISBN | : 3031138155 |
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"This is an important book. We live in a now totally interdependent world. To develop a viable world order demands that its nations work together to address, and learn from each other how best to address, the common problems they face. Unfortunately, many in the West lack knowledge about and consequently have a distorted view of life in Africa. This collection of essays from leading scholars throughout the continent helps to rectify this imbalance. The essays discuss, from an African perspective, issues that pervade the world: climate change, the Covid virus, internal displacement, socio-economic and human rights. The central theme is the need to develop political and legal institutions and practices to address these issues. so as to build societies and a world order that benefit all people. We can all benefit from reading this book." -Thomas Kleven, Professor of Law, Thurgood Marshall School of Law, Houston, Texas, USA This book eulogises a personality that has constructed a formidable scholarly and personal legacy that future generations of legal practitioners and socio-legal scholars in Africa should look to for guidance and inspiration. Divided into three parts, the book deals with a longstanding legal practice and scholarship on the role of international law and institutions. Additionally, the book discussed roles of an African scholar and practitioner to advance socio-economic and cultural rights across the continent, through contextualised, progressive adjudication and from a gendered perspective. Finally, the book examined the importance of early-childhood education and legal education alike, the role of the courts in redressing these concerns and the need for greater inclusion of Afro and queer-sensitive pedagogies and perspectives. Contributors to the book address the role of schools in redressing systemic marginalisation-including stigmatisation based on disability-and efforts to translate their rights as prescribed in national constitutions and international legal instruments. The methodology encompasses a TWAIL approach and the call to revisit orthodox approaches to legal scholarship. Azubike Chinwuba Onuora-Oguno is Associate Professor in the Faculty of Law, University of Ilorin, Nigeria.
Promoting Efficiency in Jurisprudence and Constitutional Development in Africa
Author | : Azubike Onuora-Oguno |
Publsiher | : Springer Nature |
Total Pages | : 354 |
Release | : 2022-11-14 |
Genre | : Political Science |
ISBN | : 9783031138140 |
Download Promoting Efficiency in Jurisprudence and Constitutional Development in Africa Book in PDF, Epub and Kindle
This book eulogises a personality that has constructed a formidable scholarly and personal legacy that future generations of legal practitioners and socio-legal scholars in Africa should look to for guidance and inspiration. Divided into three parts, the book deals with a longstanding legal practice and scholarship on the role of international law and institutions. Additionally, the book discussed roles of an African scholar and practitioner to advance socio-economic and cultural rights across the continent, through contextualised, progressive adjudication and from a gendered perspective. Finally, the book examined the importance of early-childhood education and legal education alike, the role of the courts in redressing these concerns and the need for greater inclusion of Afro and queer-sensitive pedagogies and perspectives. Contributors to the book address the role of schools in redressing systemic marginalisation—including stigmatisation based on disability—and efforts to translate their rights as prescribed in national constitutions and international legal instruments. The methodology encompasses a TWAIL approach and the call to revisit orthodox approaches to legal scholarship.
Constitutionalism in Africa
Author | : Joseph Oloka-Onyango |
Publsiher | : Fountain Books |
Total Pages | : 368 |
Release | : 2001 |
Genre | : Law |
ISBN | : UOM:39015054275758 |
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This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.
Socio economic Rights
Author | : Sandra Liebenberg |
Publsiher | : Juta and Company Ltd |
Total Pages | : 572 |
Release | : 2010 |
Genre | : Business & Economics |
ISBN | : 0702184802 |
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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.
Model Law on Access to Information for Africa and other regional instruments Soft law and human rights in Africa
Author | : Ololade Shyllon |
Publsiher | : Pretoria University Law Press |
Total Pages | : 268 |
Release | : 2018-01-01 |
Genre | : Law |
ISBN | : 9182736450XXX |
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Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography
THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS Challenges and Prospects
Author | : Charles M. Fombad,Nathaniel A Inegbedion,Thulani R Maseko,Lukman Abdulrauf,Tinashe Chigwata,Donald Rukare,Wandisa Phama,Palesa Madi,Makanatsa Makonese,Kamotho Waiganjo,Jane R Serwanga |
Publsiher | : PULP |
Total Pages | : 247 |
Release | : 2016-12-30 |
Genre | : Constitutional history |
ISBN | : 9781920538651 |
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Constitutional Adjudication in Africa
Author | : Charles Manga Fombad |
Publsiher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2017 |
Genre | : Law |
ISBN | : 9780198810216 |
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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 in constitutional 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 which these 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, and opportunities 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.
Constitutionalism and Democratic Transitions
Author | : Veronica Federico,Carlo Fusaro |
Publsiher | : Firenze University Press |
Total Pages | : 222 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9788884534019 |
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"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description