Separation of Powers in African Constitutionalism

Edited by Charles M. Fombad

Stellenbosch Handbooks in African Constitutional Law

The first book addressing all the constitutional traditions of the African continent
Permits the reader to compare constitutional developments across African nations and worldwide
Written from a range of African perspectives, offering expert knowledge of African constitutional law
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

Separation of Powers in African Constitutionalism

Edited by Charles M. Fombad

Stellenbosch Handbooks in African Constitutional Law

Description

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent.

Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Separation of Powers in African Constitutionalism

Edited by Charles M. Fombad

Stellenbosch Handbooks in African Constitutional Law

General Introduction, James Fowkes and Charles M. Fombad
Part I: Overview
1. The evolution of modern African constitutions: A retrospective perspective, Charles M. Fombad
2. An overview of the separation of powers under modern African constitutions, Charles M. Fombad
Part II: The Relationship between the Legislature and the Executive
3. Parliamentary sovereignty or presidential imperialism? The difficulties of identifying the source of constitutional power from the interaction between legislatures and executives in Anglophone Africa, Francois Venter
4. The context of Kenya's budding bicameralism and legislative-executive relations, Conrad Bosire
5. Legislative-executive relations in presidential democracies: The case of Nigeria, Sylvester Shikyil
Part III: The Relationship between the Judiciary and the Political Branches
6. An overview of judicial and executive relations in Lusophone Africa, Fernando Bastos
7. Re-imagining judicial/executive relationships and their future in Africa, James Fowkes
8. Super-presidentialism in Angola and the Angolan judiciary, Andre Thomashaussen
9. An overview of approaches to judicial and executive relations: Case study on Ghana, Kofi Quashigah
10. Judicial/executive relations in Nigeria's constitutional development: Clear patterns or confusing signals?, Ameze Guobadia
11. Relations between the legislature and the judiciary in Ethiopia, Assefa Fiseha
12. Separation of powers in judicial enforcement of governmental ethics in Kenya and South Africa, Walter Ochieng
13. Judicial and executive relations in Namibia: A review of four cases, Nico Horn
Part IV: Independent Constitutional Institutions
14. The role of emerging hybrid institutions of accountability in the separation of powers scheme in Africa, Charles M. Fombad
15. The public prosecutor in the Commonwealth: Separation of powers and the rule of law, Jeffrey Jowell
16. Separation of powers and the role of the public prosecutor in Francophone Africa, Horace Adjolohoun and Charles M. Fombad
Conclusion, Michaela Hailbronner

Separation of Powers in African Constitutionalism

Edited by Charles M. Fombad

Stellenbosch Handbooks in African Constitutional Law

Author Information

Charles M. Fombad, Professor of Comparative African Constitutional Law, University of Pretoria

Professor Charles Manga Fombad is presently a Professor of law and the head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoria. He has taught in the University of Botswana, the University of Yaounde at Soa, and was visiting Professor in the Universities of Dschang and Buea in Cameroon. He was also a Professor Extraordinarius of the Department of Jurisprudence, School of Law, University of South Africa from 2003-2007.
Professor Fombad is the author/editor of numerous books and articles, and has been awarded the Bobbert Association Prize and the Wedderburn Prize for his work. His research interests are in comparative constitutional law, delict (tort law), media law, international law, and legal history, especially issues of legal harmonization.

Contributors:

James Fowkes and Charles M. Fombad
Charles M. Fombad
Charles M. Fombad
Francois Venter
Conrad Bosire
Sylvester Shikyil
Fernando Bastos
James Fowkes
Andre Thomashaussen
Kofi Quashigah
Ameze Guobadia
Assefa Fiseha
Walter Ochieng
Nico Horn
Charles M. Fombad
Jeffrey Jowell
Horace Adjolohoun and Charles M. Fombad
Michaela Hailbronner

Separation of Powers in African Constitutionalism

Edited by Charles M. Fombad

Stellenbosch Handbooks in African Constitutional Law

Reviews and Awards

"Offers a historical overview to African constitutionalism that explains its many influences ... [including] illustrative examples from the constitutions of several jurisdictions, including Cape Verde, South Africa, Tunisia, Egypt, Burundi, Zambia, Botswana, Malawi, Cameroon, and many others. It provides a general overview of how the concept of the separation of powers manifests itself in African constitutions, as influenced by the American presidential system, the British parliamentary system, and the French 'hybrids' system ... The content is extensively annotated, providing citations to many other books and articles that researchers can use to perform a deeper dive into this subject. I am glad that Oxford University Press is publishing this series, and I am looking forward to exploring its future volumes as they are released." -- Jennifer Allison, Librarian, Harvard Law School Library, Et Seq. The blog of the Harvard Law School Library