Comparative Constitutional Law in Africa

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent. Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa’s place within the growing discourse of comparative constitutional law. Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.

Table of Contents:
Contents: 1 Introduction to comparative constitutional law in Africa 1 Adem Abebe, Rosalind Dixon and Tom Ginsburg PART I CONSTITUTIONAL DESIGN, AMENDMENT, AND INTERPRETATION 2 Public participation, representative elites and technocrats in constitution-making processes: Nigeria, Uganda, South Africa and Kenya 16 Abrak Saati 3 Constitutional amendment and term limit evasion in Africa 40 Tom Ginsburg, Adem Abebe, and Rosalind Dixon 4 Constitutional review in Africa 58 Markus Böckenförde 5 Political party constitutionalisation in Africa: trends and prospects for deepening constitutionalism 110 Charles Fombad PART II CONSTITUTIONAL STRUCTURE: DEMOCRATIZATION AND TAMING THE EXECUTIVE 6 Democratic constitutional transitions in sub-Saharan Africa 138 Duncan M. Okubasu 7 Federalism, devolution and territorially based cleavages in Africa 158 Assefa Fiseha 8 Regulating the exercise of public power through law: a first glance at comparative administrative law/justice in Africa 217 Hugh Corder 9 Constitutional responses to corruption in Africa 244 Selemani Kinyunyu PART III CONSTITUTIONAL RIGHTS AND FREEDOMS 10 Constitutions, freedom of expression, internet shutdowns, social media and defamation laws in Africa 269 Mugambi Laibuta 11 Constitutional protection of socio-economic rights in Africa 293 Magnus Killander 12 Constitutional regulation of religion in Africa 313 Johan D. van der Vyver 13 Traditional kingdoms and modern constitutions: parochialism, patriarchy, and despotism vs. indigenous safeguards against absolutism 329 Jan Erk PART IV CONSTITUTIONS AND SUPRANATIONAL LAW 14 Africanization of constitutional law 362 Micha Wiebusch Index

About the Author :
Edited by Rosalind Dixon, Professor of Law, UNSW Sydney, Australia, Tom Ginsburg, Leo Spitz Professor, University of Chicago Law School and Research Associate, American Bar Foundation, US and Adem Kassie Abebe, Senior Advisor, Constitution-Building Programme, International Institute for Democracy and Electoral Assistance, The Hague, the Netherlands and Extraordinary Lecturer, Centre for Human Rights, University of Pretoria, South Africa

Review :
‘If you like constitutions, you will love this book. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied part of the world.’ ‘Dixon, Ginsburg, and Abebe have built a magnificent team of eminent scholars to guide readers through the largely uncharted terrain of African constitutionalism. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied yet immensely important region of the world.’