A theory of African constitutionalism / Berihun Adugna Gebeye.

Format:

Book

Author/Creator:

Berihun Adugna Gebeye, author.

Series:

Oxford comparative constitutionalism.

Oxford Comparative Constitutionalism

Language:

English

Subjects (All):

Constitutional law--Africa.

Constitutional law.

Africa.

Physical Description:

1 online resource (273 pages)

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2021.

Summary:

Utilizing detailed case studies from Nigeria, Ethiopia, and South Africa, this title traces African constitutionalism from precolonial times to the present. The volume offers a new framework for understanding African constitutionalism and a range of practical proposals for its future development.

Contents:

cover

Series

A Theory of African Constitutionalism

Copyright

Contents

Acknowledgements

Table of Cases

Table of Legislation

Introduction

part 1

1. Legal Syncretism as a Theoretical Framework for African Constitutionalism

I. Why We Need a Theoretical Framework for African Constitutionalism

II. Theoretical Frameworks of Law and their Relevance to Constitutional Law

III. Legal Centralism

IV. Legal Pluralism

V. The Potential and Limits of Legal Centralism and Legal Pluralism as Theoretical Frameworks for African Constitutionalism

VI. Legal Syncretism as a Theoretical Framework for African Constitutionalism

VII. Conclusion

2. The Transformation of African Constitutionalism

I. Constitutionalism in Precolonial Africa

A. Traditional Government and Traditional Conceptions of Power

B. Custom as an Indigenous Constitution

C. Indigenous Constitutionalism

II. Constitutionalism in Colonial Africa

A. Colonial Constitutions

B. The Transformation of Traditional Government

C. The Transformation of Custom

III. Constitutionalism in Postcolonial Africa

A. The Continuous Negation and Affirmation of Liberal Constitutionalism

B. Customary Law and Traditional Authority in Postcolonial Constitutions

C. Customary Law and Traditional Authority in the Postcolonial Constitutional Discourse

IV. Conclusion

3. The Design and Practice of African Constitutionalism

I. The African State and its Vertical Organization

A. The Constitution of the African State

B. The Vertical Organization of the African State: Between Federalism and Unitarism

II. The African Government Architecture

A. The Legislative: The Dual House of Representation

B. The Executive: Imperial and Personalized

C. The Judiciary: The Fusion of Laws and Persons.

III. The African Constitutional Rights Regime

A. The Duty-​Rights Conception

B. Women's Constitutional Rights

part 2

4. Federalism

I. Federalism: A Conceptual Framework

II. The Purpose and Formation of Federalism in Nigeria, Ethiopia, and South Africa

A. Nigeria

B. Ethiopia

C. South Africa

III. The Fundamental Elements of Federalism in Nigeria, Ethiopia, and South Africa

A. Nigeria: Centralized Federalism

B. Ethiopia: Ethnic Federalism

C. South Africa: Co-​operative Government

IV. The Performance of Federalism in Nigeria, Ethiopia, and South Africa

V. Conclusion

5. The Executive

I. The Executive: A Conceptual Framework

II. The Executive in Nigeria: 'Imperial Presidency'

III. The Executive in Ethiopia: 'Imperial Premiership'

IV. The Executive in South Africa: 'Constrained Presidency'

6. Women's Constitutional Rights

I. Women's Rights as Human Rights

II. Women's Constitutional Rights in Nigeria

A. Constitutional Design

B. Islamic and Customary Laws on Marriage and Inheritance

C. Judicial Practice

III. Women's Constitutional Rights in South Africa

B. Official Customary Laws on Marriage and Inheritance

IV. Women's Constitutional Rights in Ethiopia

part 3

7. The Future of African Constitutional Design and Practice

I. Taking Sovereignty Seriously in Constitutional Design

II. The Limits of Postcolonial Constitutional Reforms

III. The Potential of Constitutional Jurisgenesis

Conclusion

Index.

Notes:

Description based on print version record.

ISBN:

0-19-264614-1

0-19-191502-5

0-19-264613-3

OCLC:

1259687231