Constitutional Adjudication in Africa by Charles M. FombadConstitutional Adjudication in Africa by Charles M. Fombad

Constitutional Adjudication in Africa

EditorCharles M. Fombad

Hardcover | September 30, 2017

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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. Thesedevelopments 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 Lawseries 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 courtshave 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 onthe 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 actas the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.
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 C...
Title:Constitutional Adjudication in AfricaFormat:HardcoverDimensions:416 pages, 9.69 × 6.73 × 0 inPublished:September 30, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198810210

ISBN - 13:9780198810216

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Table of Contents

Charles M. Fombad: IntroductionPart 1 General Overview1. Charles M. Fombad: An Overview of Contemporary Models of Constitutional Review in AfricaPart 2 Archetypical Examples of Different Models of African Constitutional Adjudication2. Segnonna Horace Adjolohoun: Centralized Model of Constitutional Adjudication: The Constitutional Court of Benin3. Charles M. Fombad: The Cameroonian Constitutional Council: Faithful Servant of an Unaccountable System4. Andre Thomashausen: The Constitutional Court of Angola: Judicial Restraint in a Dominant Party State5. Kofi Quashigah: The Supreme Court of Ghana under the 1992 Constitution: Nature of Jurisdiction as the Apex Court and Contribution to the Promotion of Constitutionalism6. Ameze Guobadia: Constitutional Adjudication in Nigeria: Formal Structures and Substantive Impact7. James Fowkes: Constitutional Review in South Africa: Features, Changes, and Controversies8. Adem Abebe: Unique but Ineffective: Assessing the Constitutional Adjudication System in EthiopiaPart 3 The Impact of Transjudicialism on Constitutional Adjudication9. Magnus Killander: The Effects of International Law Norms on Constitutional Adjudication in Africa10. Bonolo Ramadi Dinokopila: The Impact of Regional and Sub-Regional Courts and Tribunals on Constitutional Adjudication in AfricaPart 4 Constitutional Adjudication and Promotion of Constitutionalism11. Segnonna Horace Adjolohoun: 'Made in Courts' Democracies? Constitutional Adjudication and Politics in African Constitutionalism12. Christa Rautenbach: Exploring the Contribution of Ubuntu in Constitutional Adjudication - Towards the Indigenization of Constitutionalism in South Africa?Part 5 Decision-Making and Working Practices13. Theodore Holo: Handling of Petitions by the Constitutional Court of Benin14. Richard J. Goldstone: The Birth of the South African Constitutional Court15. Samuel Kofi Date-Bah: Decision Making and Working Practices of the Supreme Court of GhanaPart 6 Conclusion16. Charles M. Fombad: Constitutional Adjudication and Constitutional Justice in Africa's Uncertain Transition: Mapping the Way Forward