By Charles M. Fombad
ISBN-10: 0198759797
ISBN-13: 9780198759799
The recent sequence Stellenbosch Handbooks in African Constitutional Law will have interaction with modern problems with constitutionalism in Africa, filling a striking hole in African comparative constitutional legislations. Separation of Powers in African Constitutionalism is the 1st within the sequence, studying one of many severe measures brought by way of African constitutional designers of their makes an attempt to entrench an ethos of constitutionalism at the continent.
Taking a severe examine the several ways that makes an attempt were made to split different branches of presidency, the guide examines the impression this is often having on obvious and in charge governance. starting with an outline of constitutionalism in Africa and the various affects on sleek African constitutional advancements, it appears on the courting among the legislature and the administrative in addition to the connection among the judiciary and the political branches. regardless of transformations in techniques among the several constitutional cultures that experience stimulated advancements in Africa, there stay universal difficulties. this type of difficulties is the consistent friction within the courting among the 3 branches and the resurgent threats of authoritarianism which sincerely recommend that there stay critical difficulties in either constitutional layout and implementation. The ebook additionally stories the expanding position being performed via self sustaining constitutional associations and the way they supplement the assessments and balances linked to the conventional 3 branches of government.
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Extra info for Separation of powers in African constitutionalism
Sample text
A distorting focus on executive dominance to the exclusion of these other dynamics is therefore likely to mislead, and separation of powers thinking should be adjusted accordingly. In Chapter 9, Kofi Quashigah offers a succinct overview of the post-independence constitutional history of the important case of Ghana. In his account, the story begins in 1960 with the subordination of the judiciary by the executive, a relationship effectively conceded by the judges of the time. Judges were therefore complicit in the descent of the Nkrumah government into dictatorship, but began to assert more power under the 1969 constitution, which expressly entrenched the power of judicial review for the first time.
He considers what each tradition implies for understandings of the separation of powers and for the testing of its boundaries: how readily do different systems accept members of one branch performing tasks usually or conceptually associated with another, for example. The distance various African states have travelled from their colonial legal inheritance also varies, as he goes on to discuss. Anglophone states, in line with global trends, have broken with the unwritten constitutional traditions of their former colonial power.
3 From a global perspective, Jon Elster has identified seven ‘waves’ of constitution-making. 5 It is worthwhile pointing out that the colonialists hardly pretended, or even attempted, to govern their colonial possessions under anything that is remotely close to a constitution. The goal of maintaining social peace at all cost in order to exploit the colonies to their fullest mattered more than the niceties of constitutional governance. Under no colonial system in Africa was political organization based on any principles of constitutionalism such as the separation of the branches of government or checks 3 The concept of constitution-building that is now increasingly being used in the literature is much broader than the more frequently used term, constitution-making.
Separation of powers in African constitutionalism by Charles M. Fombad
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