Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

The implementation of modern African Constitutions: Challenges and prospects

The implementation of modern African Constitutions: Challenges and prospects
Edited by Charles Manga Fombad
2016
ISBN: 978-1-920538-65-1
Pages: 335
Print version: Available
Electronic version: Free PDF available

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About the publication

In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.

About the editors:

Charles Manga Fombad is Professor of law and heads the African Constitutional Law Unit at ICLA. He holds a Licence en Droit (University of Yaounde), LL.M. and Ph. D. (University of London) and a Diploma in Conflict Resolution (University of Uppsala).


Table of Contents

TABLE OF CONTENTS
Foreword
Contributors
    PART 1 GENERAL INTRODUCTION
  1. Introduction
    Charles M. Fombad
  2. Problematising the Issue of Constitutional Implementation in Africa
    Charles M. Fombad

    PART 2 COUNTRY CASE STUDIES
  3. Constitutional Implementation: The Nigerian Experience
    Nathaniel A Inegbedion
  4. Constitutional Implementation: The Swaziland Experience
    Thulani R. Maseko and Lukman Abdulrauf
  5. Three Years into the Implementation of the Zimbabwean Constitution of 2013: Progress, Challenges, Prospects and Lessons
    Tinashe Chigwata
  6. Constitutional Implementation 20 Years Later: The Uganda Report Card
    Donald Rukare

    PART 3 THE ROLE OF CIVIL SOCIETY ORGANISATIONS
  7. The Role of Civil Society Organisations and the Chapter 9 Institutions in Implementing South Africa’s Constitution
    Wandisa Phama and Palesa Madi
  8. Women’s Rights and Gender Equality in the New Zimbabwean Constitution: The Role of Civil Society in Implementation and Compliance
    Makanatsa Makonese

    PART 4 THE USE OF SPECIALISED CONSTITUTIONAL COMMISSIONS
  9. The Use of Specialised Commissions for Constitutional Implementation: An Insider View of the Kenyan CIC
    Kamotho Waiganjo
  10. The Use of Specialised Commissions for Constitutional Implementation: An Outsider View of the Kenyan CIC
    Jane R. Serwanga

    PART 5 GENERAL CONCLUSION
  11. Constitutional Implementation in Perspective: Developing a Sustainable Normative Constitutional Implementation Framework
    Charles M. Fombad

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