Separation Of Powers In African Constitutionalism

Synopsis

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 Various Constitutional Cultures That Have Influenced Developments In Africa, There Remain Common Problems. One Of These 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--unedited Summary From Book Jacket. Introduction / James Fowkes And Charles M. Fombad -- The Evolution Of Modern African Constitutions : A Retrospective Perspective / Charles M. Fombad -- An Overview Of Separation Of Powers Under Modern African Constitutions / Charles M. Fombad -- Parliamentary Sovereignty Of Presidential Imperialism? The Difficulties In Identifying The Source Of Constitutional Power From The Interaction Between Legislatures And Executives In Anglophone Africa / Francois Venter -- Kenya's Budding Bicameralism And Legislative-executive Relations / Conrad M. Bosire -- Legislative-executive Relations In Presidential Democracies : The Case Of Nigeria / Sylvester Shikyil -- An Overview Of Judicial And Executive Relations In Lusophone Africa / Fernando Loureiro Bastos -- Super-presidentialism In Angola And The Angolan Judiciary / Andre Thomashausen -- Relationships With Power : Re-imagining Judicial Roles In Africa / James Fowkes -- Defying Assumptions About The Nature Of Power Relations Between The Executive And Judiciary : An Overview Of Approaches To Judicial And Executive Relations In Ghana / Kofi Quashigah -- Judicial-executive Relations In Nigeria's Constitutional Development : Clear Patterns Or Confusing Signals? / Ameze Guobadia -- Relations Between The Legislature And The Judiciary In Ethiopia / Assefa Fiseha -- Judicial-executive Relations In Kenya Post-2010 : The Emergence Of Judicial Supremacy? / Walter Khobe Ochieng -- An Overview Of The Diverse Approaches To Judicial And Executive Relations : A Namibian Study Of Four Cases / Nico Horn -- The Role Of Emerging Hybrid Institutions Of Accountability In The Separation Of Powers Scheme In Africa / Charles M. Fombad -- The Public Prosecutor And The Rule Of Law In Anglophone Africa / Jeffrey Jowell -- Separation Of Powers And The Position Of The Public Prosecutor In Francophone Africa / Horace Adjolohoun And Charles M. Fombad -- Constitutional Legitimacy And The Separation Of Powers : Looking Forward / Michaela Hailbronner. Edited By Charles M. Fombad. Includes Bibliographical References And Index.