Judicial Review Systems in West Africa: a Comparative Analysis

Judicial Review Systems in West Africa: a Comparative Analysis
Author:
Publisher:
Total Pages: 180
Release: 2016
Genre:
ISBN: 9789176710524

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This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

Enablers Or Obstacles

Enablers Or Obstacles
Author: Jonatan Schäfer
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN:

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In recent decades, the third-term syndrome spread across sub-Saharan Africa, denoting the trend of presidents in sub-Saharan African countries to bend, circumvent, or alter constitutional term limits in order to stay in power. Reflecting another regional trend, this often happens through formal institutional rather than extraconstitutional channels. An important factor in this context are judicial review bodies, as one formal channel sees courts legalising third-term bids by exploiting constitutional ambiguities. However, with regard to the role of courts in the third-term question, a gap exists in third-term literature. The thesis addresses this gap by investigating into the conditions under which courts are willing and able to oppose the presidential third-term bid. Institutional and strategic arguments are combined into a general theoretical model, which is then tested using crisp-set Qualitative Comparative Analysis. The analysis offers considerable support for the model, showing that court decisions rest upon institutional provisions, the dispersion of political power, and strategic considerations of judges regarding the political and societal environment, combining in different theoretically anticipated ways. By investigating into court decisions on third-term cases, the thesis contributes to third-term literature and provides a model that may serve as a basis for future research in similar settings.

Federalism and the Courts in Africa

Federalism and the Courts in Africa
Author: Yonatan T. Fessha
Publisher: Routledge
Total Pages: 176
Release: 2020-03-18
Genre: Law
ISBN: 1000042243

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This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies
Author: Yin, Elijah Tukwariba
Publisher: IGI Global
Total Pages: 265
Release: 2021-06-18
Genre: Law
ISBN: 1799878996

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The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Comparative Judicial Review

Comparative Judicial Review
Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
Total Pages: 463
Release: 2018
Genre: Law
ISBN: 1788110609

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Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

A Comparative Study of Judicial Review in Common Law and Civil Law Jurisdictions

A Comparative Study of Judicial Review in Common Law and Civil Law Jurisdictions
Author: Masunga James
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

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Administrative law has the objective of protecting individuals from the possible abuse that they can encounter from powerful administrative branch of the government. This law also governs the conditions and procedures in which administrative decisions can be reviewed by court. However, judicial review should be understood to refer to two situations: judicial review of administrative actions on constitutionality ground and other legally recognized grounds. With this regard countries follow different trends.In common law countries like Tanzania, USA, and England they entrust their ordinary courts to conduct such function. On the other hand in case of civil law countries like Ethiopia, France and Germany special administrative courts are entrusted to review the decisions of the administrative branch of the government on other legally recognized grounds. However, for reviewing these kinds of decisions on constitutional ground like Ethiopia, France opts for the constitutional Council which is a political organ to do such job. In case of German the country entrust such task to a constitutional court. This paper has analyzed law and practices in these two legal systems. The main aim is to establish whether there is any violation of some constitutional principles by any legal system.

Judicial Review and Electoral Law in a Global Perspective

Judicial Review and Electoral Law in a Global Perspective
Author: Cristina Fasone
Publisher: Bloomsbury Publishing
Total Pages: 591
Release: 2024-03-21
Genre: Law
ISBN: 1509957898

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This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.

Comparative Constitutional Law in Africa

Comparative Constitutional Law in Africa
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 419
Release: 2022-12-06
Genre: Law
ISBN: 1839106891

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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.

Judicial Review

Judicial Review
Author: Mohamed A. Etman
Publisher:
Total Pages: 112
Release: 1958
Genre: Judicial review
ISBN:

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