Separation of Powers in African Constitutionalism

Hardcover | April 2, 2016

EditorCharles M. Fombad

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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 oneof 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 differentinfluences 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 haveinfluenced 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 andimplementation. 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.

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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 oneof the critical measures introduced by Afri...

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,...

other books by Charles M. Fombad

Format:HardcoverDimensions:500 pages, 9.69 × 6.73 × 0.01 inPublished:April 2, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198759797

ISBN - 13:9780198759799

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Table of Contents

James Fowkes and Charles M. Fombad: General IntroductionPart I: Overview1. Charles M. Fombad: The evolution of modern African constitutions: A retrospective perspective2. Charles M. Fombad: An overview of the separation of powers under modern African constitutionsPart II: The Relationship between the Legislature and the Executive3. Francois Venter: Parliamentary sovereignty or presidential imperialism? The difficulties of identifying the source of constitutional power from the interaction between legislatures and executives in Anglophone Africa4. Conrad Bosire: The context of Kenya's budding bicameralism and legislative-executive relations5. Sylvester Shikyil: Legislative-executive relations in presidential democracies: The case of NigeriaPart III: The Relationship between the Judiciary and the Political Branches6. Fernando Bastos: An overview of judicial and executive relations in Lusophone Africa7. James Fowkes: Re-imagining judicial/executive relationships and their future in Africa8. Andre Thomashaussen: Super-presidentialism in Angola and the Angolan judiciary9. Kofi Quashigah: An overview of approaches to judicial and executive relations: Case study on Ghana10. Ameze Guobadia: Judicial/executive relations in Nigeria's constitutional development: Clear patterns or confusing signals?11. Assefa Fiseha: Relations between the legislature and the judiciary in Ethiopia12. Walter Ochieng: Separation of powers in judicial enforcement of governmental ethics in Kenya and South Africa13. Nico Horn: Judicial and executive relations in Namibia: A review of four casesPart IV: Independent Constitutional Institutions14. Charles M. Fombad: The role of emerging hybrid institutions of accountability in the separation of powers scheme in Africa15. Jeffrey Jowell: The public prosecutor in the Commonwealth: Separation of powers and the rule of law16. Horace Adjolohoun and Charles M. Fombad: Separation of powers and the role of the public prosecutor in Francophone AfricaMichaela Hailbronner: Conclusion