Ascendant Judiciary in East Africa
Author | : J. B. Ojwang |
Publisher | : |
Total Pages | : 143 |
Release | : 2013 |
Genre | : Judicial power |
ISBN | : 9789966054012 |
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Author | : J. B. Ojwang |
Publisher | : |
Total Pages | : 143 |
Release | : 2013 |
Genre | : Judicial power |
ISBN | : 9789966054012 |
Author | : Frederick W. Jjuuko |
Publisher | : |
Total Pages | : 182 |
Release | : 2005 |
Genre | : Judges |
ISBN | : |
Papers from a regional workshop held in Kampala on 14 April 2005.
Author | : Joseph Oloka-Onyango |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 380 |
Release | : 2017-06-23 |
Genre | : Political Science |
ISBN | : 1443864099 |
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.
Author | : East Africa Protectorate. High Court |
Publisher | : |
Total Pages | : 262 |
Release | : 1916 |
Genre | : Court rules |
ISBN | : |
Vol. 1 contains cases determined by the High Court at Mombasa, the Appeal Court at Zanzibar and by the Judicial Committee of the Privy Council on appeal from that court; v. 2-8 contain cases determined by the High Court of East Africa, the Court of Appeal for Eastern Africa, and by the Judicial Committee of the Privy Council on appeal from that court.
Author | : Henry Francis Morris |
Publisher | : Oxford : Clarendon Press |
Total Pages | : 390 |
Release | : 1972 |
Genre | : Africa, East |
ISBN | : |
Author | : Smokin C. Wanjala |
Publisher | : |
Total Pages | : 124 |
Release | : 2004 |
Genre | : Civil rights |
ISBN | : |
Author | : Joseph Oloka-Onyango |
Publisher | : |
Total Pages | : 358 |
Release | : 2017 |
Genre | : Citizen suits (Civil procedure) |
ISBN | : 9781443891226 |
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.
Author | : Charles M. Fombad |
Publisher | : Oxford University Press |
Total Pages | : 444 |
Release | : 2016-03-03 |
Genre | : Law |
ISBN | : 0191077917 |
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 one of 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 different influences 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 have influenced 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 and implementation. 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.
Author | : Katrin Seidel |
Publisher | : Routledge |
Total Pages | : 276 |
Release | : 2020-06-09 |
Genre | : Law |
ISBN | : 1000060969 |
African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.
Author | : Nic Cheeseman |
Publisher | : Cambridge University Press |
Total Pages | : 399 |
Release | : 2018-02-22 |
Genre | : Political Science |
ISBN | : 1108611591 |
Historically, African political institutions such as constitutions, legislatures and judiciaries have been seen as weak and vulnerable to manipulation, leading some to claim that the continent is 'institutionless'. However, recent developments including the consolidation of presidential term limits in a number of countries demonstrate that this depiction is no longer tenable. By drawing attention to how institutions can shape the practice of politics, this book demonstrates that electoral commissions, economic regulations and systems of land tenure are vital to our understanding of contemporary Africa. A series of cutting-edge contributions from leading scholars explain how the rules of the game shape political developments across the continent, from Kenya to Nigeria and from Benin to South Africa. In chapters that cover bureaucracies, constitutions, elections, political parties, the police and more, the authors argue that a new research agenda is required if we are to better understand the process of democratisation.