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The Routledge handbook of African law / edited by Muna Ndulo and Cosmas Emeziem.
- Format:
- Book
- Series:
- Routledge handbooks.
- Routledge handbooks
- Language:
- English
- Subjects (All):
- Law--Africa.
- Law.
- Physical Description:
- 1 online resource (653 pages)
- Edition:
- 1st ed.
- Place of Publication:
- London ; New York, New York : Routledge, [2022]
- Summary:
- "The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems, the State, Institutions, Constitutionalism, and Democratic Governance, Economic Development, Technology, Trade and Investment, Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field"-- Provided by publisher.
- Contents:
- Cover
- Half Title
- Title Page
- Copyright Page
- Table of Contents
- Acknowledgments
- Contributors
- Acronyms and Abbreviations
- Statutes, Treaties, and Cases
- Introduction
- Notes
- Part I Legal Pluralism and African Legal Systems
- 1 Legal Pluralism in Africa: Three Levels and Seven Types of Law
- The Distinctiveness of African Legal Pluralism
- The Three Levels of Law in Africa
- Policy
- Statutes
- The Seven Types of Law in Africa
- Constitutions
- Acts of Parliament
- Subordinate Legislation
- Case Law
- International Law
- Customary Law
- Royal and Fetish Declarations
- Conclusion
- References
- 2 Customary Marriages and the South African Constitution: The Recent Developments
- Nonrecognition of Customary Marriages and the Consequences
- The Advent of Constitutional Democracy
- The Requirements for the Validity of a Customary Marriage
- The Recognition of Customary Marriages Act 120 of 1998
- The Consent of the Father Or Guardian of the Bride
- Payment of Lobolo
- The Handing Over of the Bride
- Other Specific Cases of Customary Marriage and Unfair Discrimination
- An Overview
- Gender and Sex
- Sexual Orientation
- 3 Gods at War Religion and Law-Making
- The First Epoch: Pre-1895 to 1963
- Anglicizing Family Law
- Subjugating Custom and ATR
- The Second Epoch: Independence to 2010
- The Sultan Retaliates: Kadhis Courts and Islamic Succession
- Kadhis Courts: Pre-1895-Independence
- Independence to 2010
- Succession Law
- Custom Fights Back
- Redeeming the Redeemer: The Rise of African Christianity, Taming the State, and Multiparty Constitutional Reforms
- The Third Epoch: 2010 and Beyond-the Second Scramble for Partition: The CKRC Process
- The Return of Customary Law.
- Decolonizing Family Law
- Freedom of Religion Litigation
- 4 Pluralism and the Tenor of Bankruptcy Legislation in West African Societies
- Recovery of Debt and the Treatment of Insolvency Under Customary Law
- Recovery of Debt Under Asante Custom
- Recovery of Debt Under Yoruba Custom
- Self-help and Creditors' Collective Action
- Bankruptcy and Insolvency Law in West Africa
- Bankruptcy Procedure in the Gold Coast
- Current Bankruptcy/insolvency Law in Ghana
- Bankruptcy Procedure in Colonial Nigeria
- Current Bankruptcy Law in Nigeria
- Has the Bankruptcy Law Proven to Be a Satisfactory Way of Recovering Debt?
- 5 Common Law in Kenya
- Common Law's Nature and Practices
- Development of Common Law in Kenya
- Common Law After the Constitution of 2010
- Organization of Courts
- Use of Common Law Methods in Constitutional Interpretation and Application
- Subjection of Common Law and Its Development to the Constitution
- Use of Other Norms and Methods
- Concluding Remarks
- 6 The Evolution of Property Rights to Land in Postcolonial Buganda
- Contextual Background
- The Origins and Evolution of Property Rights to Land: A Conceptual Framework
- Definitional Issues
- What Are Institutions?
- Informal Institutions and How They Interact With Formal Institutions
- Why Do Informal Institutions Emerge and Change?
- Property Rights as an Institution
- The Function of Property Rights
- The Institution of Property Rights to Land in Buganda Prior to Independence
- Why Did Property Rights to Land Change in Postcolonial Buganda?
- The Period 1962 to 1974
- Why Did Property Rights to Land Change Under the 1975 Land Reform Decree?.
- Why Did Property Rights to Land Change During the Museveni Regime (1986-to Date)?
- Why Did the Informal Property Rights to Land Change in Postcolonial Buganda?
- Part II The State, Institutions, Constitutionalism, and Democratic Governance
- 7 One Nation, Multiple Identities Ethnicity, Inclusivity, and Constitution-Making
- Ethnic Diversity, Conflict, and Governance
- Ethnic Diversity
- The State and Ethnic Diversity in Africa
- The Management of Diversity
- Good Governance
- The Colonial Heritage and Governance in Africa
- Constitution-making and the Accommodation of Diversity
- The Electoral System and the Challenge of Diversity
- Best Practices: Constitution-Making and Diversity
- African Traditional Authorities and Devolution
- 8 Democratic Transitions in Africa: The Issue of Civil Resistance and Unconstitutional Change of Government
- Normative and Legal Framework On Democratic Transition
- Civil Resistance and Scenarios in Africa
- Conceptual Underpinnings of Civil Resistance
- Scenarios of Civil Resistance in Africa
- The Jasmine Revolution of Tunisia
- The Egyptian Revolution of 2011
- The 2014 Uprising of Burkina Faso
- Civil Resistance and Unconstitutional Change of Government
- Ending Government Through Resistance
- Reconstituting Government After Overthrowing Government
- Conclusion and the Way Forward
- 9 Freedom of Expression in Zambia Revisited
- Freedom of Expression
- The Law On Freedom of Expression
- The Importance of Freedom of Expression
- Regulation of Freedom of Expression
- International Norms Applicable to the Restriction of Freedom of Expression
- Regulation of Freedom of Expression in Zambia
- Defamation.
- Criminal Defamation and Defamation of the President
- Sedition
- Power to Ban Publications and Provisions Against "False News"
- Modern Day Challenges to Freedom of Expression in Zambia
- 10 Mapping the Legal Contours of Presidential Electoral Law in Kenya: A Case Review of Raila Odinga v. Independent …
- Nullification of Presidential Elections: The 2017 Raila Odinga Decision
- The Setting of the Kenyan 2017 Election Cycle and the 2017 Raila Decision
- The Legal Contours of the Presidential Elections Law in Kenya
- Proof in Presidential Elections Law
- Constitutional Threshold of Presidential Elections: The Legal Meaning of "Votes"
- Election Impropriety: Interpreting Section 83 of the Elections Act
- A Missed Opportunity? Fake News and Undue Influence in Elections
- "Fake News" Phenomenon in the 2017 Election Cycle
- "Fake News" in the Kenyan Electoral Law?
- "Fake News" and Electoral Law in Kenya
- Undue Influence and Fake News
- Hate Speech and Fake News
- Defamation Law and Fake News
- Best Way Forward?
- Mapping the Contours of Presidential Elections Law in Kenya: Conclusions
- 11 The Unconstitutional Change of Government Normative Framework in Africa Do Elections Matter?
- The Problem of Elections in Africa: An Overview
- The Unconstitutional Change of Government Framework: From the Organisation of African Unity to the African Union
- The Legacy of the Organisation of African Unity
- The African Union: A New Dawn?
- 12 Commissions of Inquiry and the Quest for a Greater Accountability in Health Care Delivery in Africa A Ghanaian Perspective
- Burgeoning Incidence of Patient Abuse and Exploitation in Ghana.
- Health Care Accountability-A Regulatory Failure Or Disconnect Between Legislation and Realities of Health Care
- Assessing the Utility Commissions of Inquiry to Enhance Accountability in Health Care Delivery
- 13 The Effectiveness and Predictability of Social Security Law Constitutional Perspectives From the Republic of South Africa
- Knowledge of Social Security Legislation By the Public
- Consultation and Public Participation
- Fragmented Social Security System
- Duplication of and Overlapping Legislation
- Accessibility of Legislation
- Legal Language
- Impact of Values, Language, and Culture On Social Security Legislation
- Human, Religious, and Cultural Values
- Language
- Law and Culture
- Consistent Application of Social Security Law
- Interpretation of Social Security Legislation
- Stare Decisis Principles
- Adjudication, Monitoring, and Enforcement of Social Security Rights and Duties
- 14 Rule of Law With African Characteristics
- Different Connotations of the Rule of Law: The Rule of Law With Chinese Characteristics
- A Rule of Law With African Characteristics?
- A First Answer (Containing a Hint for the Way Forward)
- Part III Economic Development, Technology, Trade, and Investment
- 15 Law and the Regulation of New Technologies in Africa
- The Development and Uses of New Technologies in Africa
- Drones and Automation
- Data and Information-Biometrics
- Social Media and Access to Information
- Existing Legal and Regulatory Approaches
- Legal and Other Challenges of New Technologies
- Challenges Related to Drones and Automation
- Challenges Related to Data and Information-Biometrics
- Challenges Related to Social Media and Access to Information
- Notes.
- References.
- Notes:
- Includes bibliographical references and index.
- Description based on print version record.
- ISBN:
- 1-351-14234-8
- 1-351-14236-4
- 9781351142366
- OCLC:
- 1281974622
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