Federalism And The Courts In Africa

This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Looking at the experiences of other federal societies across the globe this volume interrogates the problem of national integration within the context of ethno-religious and cultural pluralism, and presents exciting prospects for the resolution of the National Question. Compelling and indispensable, this work is the most comprehensive and authoritative treatment of the subject in recent years.

Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.

The world's first attempt at a scholarly historicisation of the African crisis of development, this book interrogates the problem of national integration within the context of ethno-religious and cultural pluralism. Here, top scholars offer refreshing insight into the prospects for transforming Africa into a super-power of the third millennium. The breadth and depth of coverage and analytical rigour unites the essays, providing one of the most comprehensive and authoritative treatments of the subject in recent years.

Africa is changing and it is easy to overlook how decentralization, democratization, and new forms of illiberalism have transformed federalism, political parties, and local politics. Chapters on Kenya, Nigeria, Ethiopia, and South Africa help fill an important gap in comparative institutional research about state and local politics in Africa.

This book is the first attempt at a scholarly historicisation of the African crisis of development. It interrogates the problem of national integration within the context of ethno-religious and cultural pluralism. Drawing on the experiences of other organ

The book covers both the theoretical and practical aspects of the functioning of federal systems on the African continent. The reader gets an opportunity to familiarise him/herself in greater details with the Nigerian federation in its past and present, vis--vis the national question and the problem of fiscal federalism. The book also reveals the subject of ethnic federalism in its pure form as exemplified in Ethiopia Furthermore, analyses the use of hybrid, quasi-federative policy instruments in countries like Tanzania, Republic of South Africa, Sudan, Kenya and others. It addresses the issue of the opportunistic use of the federal idea, its abuse in various socio-economic and political circumstances (Nigeria), as well as the occasional and sometimes very short exposition of federalism (Madagascar) and confederalism (Senegambia). In general, the articles in the book present federalism from different angles, revealing the complex and contradictory nature of the concept and the ambiguous experience of its implementation in the African reality.

This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.

Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.