We use cookies to enhance your experience on our website. By continuing to use our website, you are agreeing to our use of cookies. You can change your cookie settings at any time.
Find out more
Jump to Content
Jump to Main Navigation
User Account
Personal Profile:
Sign in
or
Create
See all online law products
More
About
Subscriber Services
Take a Tour
FAQs
Help
Contact Us
Search
Browse all
Geographic regions
Geographic Regions
Africa
Americas
Antarctic Region
Asia
Europe
Oceania
Jurisdictions
Content type
Constitutional instruments and materials
Current constitutions
Constitutional amendments
Constitutional foundation documents
Constitutionally related documents
National instruments and materials
National legislation
Commentary and analysis
Book content
Encyclopedia entries
Bibliographies
Constitutional overviews (by jurisdiction)
Chronologies
Notes
US State
United States [us]
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
United States Minor Outlying Islands [um]
United States Freely Associated States
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Subject
Constitutional history
Constitutional law and processes
Cultures and people
Legal system
Policy areas
Politics and government
Rights
The state
My Content
(1)
Recently viewed
(1)
Preface
My Searches
(0)
Print
Save
Cite
Email
Share
Subscriber sign in
Forgot password?
Don't have an account?
Sign in via your Institution
Sign in with your library card
View translated passages only
Oxford Law Citator
Contents
Expand All
Collapse All
Constitutional Adjudication in Africa edited by Fombad, Charles M (31st August 2017)
Preliminary Material
Stellenbosch Handbooks in African Constitutional Law
Preface
Table of Contents
Table of Cases
Angola
Tribunal Constitucional da República de Angola
Benin
Botswana
Burundi
Cameroon
Democratic Republic of Congo
Ethiopia
Gambia
Ghana
India
Kenya
Lesotho
Nigeria
Senegal
South Africa
Uganda
United Kingdom
United States of America
Zimbabwe
International Courts
African Commission
African Court on Human and Peoples’ Rights
Economic Community of West African States Court of Justice
International Court of Justice
Southern African Development Community Tribunal
Table of Legislation
National Legislation
Angola
Austria
Benin
Botswana
Burundi
Cameroon
Canada
Côte d’Ivoire
Democratic Republic of Congo
Djibouti
Ethiopia
France
Gabon
Ghana
Guinea
Kenya
Liberia
Mali
Mozambique
Namibia
Niger
Nigeria
Senegal
Seychelles
Somalia
South Africa
South Sudan
Tanzania
Uganda
United Kingdom
Zambia
Zimbabwe
International Legislation
List of Abbreviations
List of Contributors
Main Text
Introduction
Part 1 General Overview
1 An Overview of Contemporary Models of Constitutional Review in Africa
1 Introduction
2 Background: Classic Models of Constitution Review
2.1 The decentralized model
2.2 The centralized model
2.2.1 The centralized model generally
2.2.2 The French Constitutional Council variant
2.3 Mixed or hybrid models and jurisdictions with limited constitutional review
3 Failure of Constitutional Review under the Post-independence Constitutions?
4 Nature and Scope of Contemporary Models of Constitutional Review in Africa
4.1 Main models of constitutional review in Africa
4.2 Scope of jurisdiction
4.2.1 Primary jurisdiction
4.2.2 Ancillary jurisdiction
4.3 Types of review
4.4 Types of access
4.4.1 Direct access
4.4.2 Indirect access
4.5 Forms of judicial decisions and remedies
5 Some Tentative Conclusions on the Assessment of the Prospects and Challenges of Constitutional Justice
6 Conclusion
Bibliography
Part 2 Archetypal Examples of Different Models of African Constitutional Adjudication
2 Centralized Model of Constitutional Adjudication: The Constitutional Court of Benin
1 Introduction
2 Model, Composition, and Powers
2.1 A centralized model of constitutional adjudication
2.2 Composition
2.3 Powers
3 Judicial Reasoning
4 Transnational Influence on Decisions
5 Nature and Effect of Decisions
6 Conclusion
Bibliography
3 The Cameroonian Constitutional Council: Faithful Servant of an Unaccountable System
1 Introduction
2 Brief Background
3 Composition of the Council
4 Scope of Review Powers
5 Access to the Council
6 Nature of Opinions and Decisions
7 Impact of the Review System on Constitutionalism
8 Conclusion
Bibliography
4 The Constitutional Court of Angola: Judicial Restraint in a Dominant Party State
1 Genesis of the Angolan Constitutional Court
2 Composition
3 Powers and jurisdiction
4 Access to Constitutional Justice
5 Remedies
6 Style of Reasoning
7 Transnational Influences on Decisions
8 Nature of Decisions
9 Effect of Decisions
10 Impact of the Court on Constitutionalism
Bibliography
5 The Supreme Court of Ghana under the 1992 Constitution: Nature of Jurisdiction as the Apex Court and Contribution to the Promotion of Constitutionalism
1 Introduction
2 Historical Antecedents
3 Scope of the Original Jurisdiction of the Supreme Court
3.1 Functions of the Supreme Court
3.2 The Supreme Court’s interpretation of the scope of its original jurisdiction
4 Nature of the Reference Jurisdiction
5 Jurisdiction in Election Petitions
6 Promotion of Constitutionalism
7 The Interpretative Approach
8 Application of International Standards
9 Transnational Influences
10 Supreme Court and National Development
11 Appointment and Removal of Judicial Officers under the 1992 Constitution
12 Behaviour of Some Judges and Consequences for the Integrity of the Institution
13 Conclusion
Bibliography
6 Constitutional Adjudication in Nigeria: Formal Structures and Substantive Impact
1 Introduction
2 Formal Structures: Courts and ‘Access to Court’ in Constitutional Disputes
2.1 Structure and composition of the courts
2.2 Appointments
2.3 The Judicial Service Commissions: the SJSC and the FJSC
2.4 National Judicial Council: composition
2.4.1 Powers/functions in judicial appointments
2.4.2 Eligibility for appointment to judicial office: Constitutional and other criteria
3 Powers of the Courts in Constitutional Adjudication: Nature and Scope of their Jurisdiction
3.1 Access to court in constitutional disputes
4 Remedies
5 Style of Reasoning
6 Transnational Influences on Decisions
7 Nature of Decisions: Dissenting Opinions
8 Effect of Decisions and Impact on Constitutionalism
9 Conclusion
Bibliography
7 Constitutional Review in South Africa: Features, Changes, and Controversies
1 Introduction
2 Jurisdiction: The Evolution from Compromise, to Divided, to Diffuse Review
2.1 Appointment of judges
2.2 Judicial powers
2.3 Access to constitutional justice and remedies
2.4 Decision-making process and style of reasoning
3 The Court and its Impact on South African Constitutionalism: An Ongoing Debate
Bibliography
8 Unique but Ineffective: Assessing the Constitutional Adjudication System in Ethiopia
1 Introduction
2 Constitutional Review in Previous Ethiopian Constitutions
3 Constitutional Review under the 1995 Constitution of Ethiopia
3.1 Centralized constitutional review
3.2 Composition of the House of Federation and the Council of Constitutional Inquiry
3.3 Jurisdiction of the House of Federation with regard to constitutional review
3.4 Access to the constitutional review process
3.5 Remedies
3.6 Principles of constitutional interpretation
3.7 Other procedural issues
4 Constitutional Review in Practice
5 Understanding the Establishment of a Politicized Constitutional Review System
6 Conclusion
Bibliography
Part 3 The Impact of Transjudicialism on Constitutional Adjudication
9 The Effects of International Law Norms on Constitutional Adjudication in Africa
1 Introduction
2 International Law in African Constitutions
2.1 Influence of international law on African constitutions
2.2 Influence of international law on constitutional provisions relating to human rights
3 International Law in Constitutional Adjudication: Incorporation, Application, and Interpretation
3.1 International law in the national legal order
3.2.1 Role of international law in constitutional adjudication
4 Democratic Legitimacy and Effectiveness of International (Human Rights) Law
5 Conclusion
Bibliography
10 The Impact of Regional and Sub-regional Courts and Tribunals on Constitutional Adjudication in Africa
1 Introduction
2 Regional and Sub-regional Courts and Forums in Africa
3 Use of the Jurisprudence of Regional and Sub-regional Courts in Constitutional Adjudication in Africa: Selected Examples
4 The Basis and Theoretical Issues Involved in Invoking the Jurisprudence of Regional and Sub-regional Courts in Constitutional Adjudication
4.1 The monist–dualist paradigm and the jurisprudence of regional and sub-regional courts
5 Conclusion
Bibliography
Part 4 Constitutional Adjudication and Promotion of Constitutionalism
11 ‘Made in Courts’ Democracies? Constitutional Adjudication and Politics in African Constitutionalism
1 Introduction
2 Trend towards the Judicialization of Politics
2.1 The rise of judicialization from standard adjudication to juristocracy
2.2 Why courts engage in the judicialization of politics
2.3 Why and how judicialization may hamper constitutionalism
3 Politicized Adjudication in African Constitutional Courts
3.1 Human rights adjudication
3.1.1 Benin
3.1.2 Uganda and South Africa
3.2 Electoral processes
3.2.1 Côte d’Ivoire
3.2.2 Senegal
3.3 Separation of powers and prerogatives of coordinate branches of government
3.3.1 Democratic Republic of the Congo
3.3.2 Ghana
3.3.3 Nigeria
3.4 ‘Pure politics’: when democracies are made in courts?
3.4.1 Benin
3.4.2 Burundi
3.4.3 Senegal
4 Judicialization of Politics in African Regional Forums
5 Conclusion
Bibliography
12 Exploring the Contribution of Ubuntu in Constitutional Adjudication—Towards the Indigenization of Constitutionalism in South Africa?
1 Introduction
2 Ubuntu in the South African Constitutional Court
3 Ubuntu in South African Legislation
4 Ubuntu into and out of Africa
5 Conclusion
Bibliography
Part 5 Decision-Making and Working Practices
13 Handling of Petitions by the Constitutional Court of Benin
1 Introduction
2 Flexibility in the Handling of Petitions
2.1 Absence of excessive formalism
2.2 Possible extension of the scope of referral or accepting inadmissible cases by the Constitutional Court assuming jurisdiction on its own initiative
3 Processing of Cases before the Court
3.1 Internal process
3.2 Communication of the decision to the parties and the public
4 Conclusion
Bibliography
14 The Birth of the South African Constitutional Court
1 Introduction
2 The New Constitutional Court
3 First Meetings of the Constitutional Court Justices: Fashioning a New Court
4 The Constitutional Court and the Media
5 New Constitutional Court Building
6 Writing of Judgments
7 International and Foreign Law
8 Operating as a Single Bench
9 Social and Economic Rights
10 Conclusion
15 Decision-making and Working Practices of the Supreme Court of Ghana
1 Introduction
2 Background to the Supreme Court of Ghana
3 Composition of the Court and its Influence on Its Decision-making
4 Jurisdictions of the Court and their Impact on its Working Practices
5 Working Practices of the Supreme Court
5.1 Law clerks and other research support available to the Court
5.2 Role of the written statement of case
5.3 Role of oral argument
5.4 Role of the judgment conference
5.5 Role of the panel system in the decision-making of the Court
5.6 Practice in relation to foreign law
5.7 Role of the chief justice
6 Rules on Access to the Supreme Court
7 Conclusion
Bibliography
Part 6 Conclusion
16 Constitutional Adjudication and Constitutional Justice in Africa’s Uncertain Transition: Mapping the Way Forward
1 Introduction
2 Transitional Challenges and Anomalies
3 Mapping the Way Forward for an Effective System of Constitutional Review
3.1 Progressive judicialism and constitutional justice
3.2 Constitutional adjudication in an era of global judicial dialogue and transjudicialism
3.3 Progressive judicialism and judicial training
4 Conclusion
Bibliography
Further Material
Index
Sign up for alerts
Preface
Charles M Fombad
From:
Constitutional Adjudication in Africa
Edited By: Charles M Fombad
Content type:
Book content
Product:
Oxford Constitutions of the World [OCW]
Series:
Stellenbosch Handbooks in African Constitutional Law
Published in print:
31 August 2017
ISBN:
9780198810216
Prev
|
Next
Close
Go to full text on:
EUR-Lex
External Link
Oxford Law Citator
Users without a subscription are not able to see the full content. Please,
subscribe
or
login
to access all content.
[54.226.23.160]
54.226.23.160