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Judicial Review Systems in West Africa: a Comparative Analysis

Author:

Publisher:

Published: 2016

Total Pages: 180

ISBN-13: 9789176710524

This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Enablers Or Obstacles

Author: Jonatan Schäfer

Publisher:

Published: 2019

Total Pages:

ISBN-13:

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In recent decades, the third-term syndrome spread across sub-Saharan Africa, denoting the trend of presidents in sub-Saharan African countries to bend, circumvent, or alter constitutional term limits in order to stay in power. Reflecting another regional trend, this often happens through formal institutional rather than extraconstitutional channels. An important factor in this context are judicial review bodies, as one formal channel sees courts legalising third-term bids by exploiting constitutional ambiguities. However, with regard to the role of courts in the third-term question, a gap exists in third-term literature. The thesis addresses this gap by investigating into the conditions under which courts are willing and able to oppose the presidential third-term bid. Institutional and strategic arguments are combined into a general theoretical model, which is then tested using crisp-set Qualitative Comparative Analysis. The analysis offers considerable support for the model, showing that court decisions rest upon institutional provisions, the dispersion of political power, and strategic considerations of judges regarding the political and societal environment, combining in different theoretically anticipated ways. By investigating into court decisions on third-term cases, the thesis contributes to third-term literature and provides a model that may serve as a basis for future research in similar settings.

Comparative Judicial Review

Author: Erin F. Delaney

Publisher: Edward Elgar Publishing

Published: 2018-09-28

Total Pages: 464

ISBN-13: 1788110609

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Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

Judicial Review and Electoral Law in a Global Perspective

Author: Cristina Fasone

Publisher: Bloomsbury Publishing

Published: 2024-03-21

Total Pages: 591

ISBN-13: 1509957898

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This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.

Comparative legal systems

Author: Vincenzo Zeno-Zencovich

Publisher: Roma TrE-Press

Published: 2019-03-01

Total Pages: 132

ISBN-13: 8832136201

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La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.

Judicial Review in the Contemporary World

Author: Mauro Cappelletti

Publisher: MICHIE

Published: 1971

Total Pages: 144

ISBN-13:

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Comparative Constitutional Law in Africa

Author: Rosalind Dixon

Publisher: Edward Elgar Publishing

Published: 2022-12-06

Total Pages: 419

ISBN-13: 1839106891

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This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.

Citizenship Law in Africa

Author: Bronwen Manby

Publisher: African Minds

Published: 2012-07-27

Total Pages: 121

ISBN-13: 1936133296

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Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Routledge Handbook of Democratization in Africa

Author: Gabrielle Lynch

Publisher: Routledge

Published: 2019-07-02

Total Pages: 684

ISBN-13: 135162363X

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This volume explores the issues and debates surrounding the ongoing processes of democratization in sub-Saharan Africa, illuminating the central dynamics characterizing Africa’s democratic experiments, and considering the connections between democratization and economic, social, and cultural developments on the continent. Reflecting the diverse and rich nature of this field of study, the Handbook of Democratization in Africa features more than thirty contributions structured into six thematic sections: The politics and paths of regime development Institutional dynamics Political mobilization and voting dynamics The politics of identity Social forces from below The consequences of democracy. Chapters offer overviews of the key scholarship on particular topics, including central insights from the latest research, and provide suggestions for those interested in further inquiry. The material includes attention to broad cross-continental patterns, for example with respect to public opinion, political violence, or the role of different institutions and actors. It also includes rich case material, drawing on and highlighting the experiences of a diverse collection of countries. Encouraging a comprehensive view of key concerns and enhancing understanding of particular issues, the Handbook of Democratization in Africa represents a critical resource for experts and students of African politics, democratization, and African studies.

The Role of Domestic Courts in Treaty Enforcement

Author: David Sloss

Publisher: Cambridge University Press

Published: 2009-10-12

Total Pages: 657

ISBN-13: 052187730X

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This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.