Since the 1990 wave of constitutional reforms in Africa, the role of
constitutional courts or courts exercising the power to interpret and
apply constitutions have become a critical aspect to the on-going
process of constitutional construction, reconstruction, and
maintenance. These developments appear, at least from the texts of the
revised or new constitutions, to have resulted in fundamental changes
in the nature and role of courts exercising jurisdiction in
constitutional matters. The chapters in this second volume of the
Stellenbosch Handbooks in African Constitutional Law series are the
first to undertake a critical and comparative examination of the
interplay of the diverse forms of constitutional review models on the
continent. Comparative analysis is particularly important given the
fact that over the last two decades, constitutional courts in Africa
have been asked to decide a litany of hotly-contested and often
sensitive disputes of a social, political, and economic nature. As the
list of areas in which these courts have intervened has grown, so too
have their powers, actual or potential. By identifying and examining
the different models of constitutional review adopted, these chapters
consider the extent to which these courts are contributing to
enhancing constitutionalism and respect for the rule of law on the
continent. The chapters show how the long-standing negative image of
African courts is slowly changing. The courts have in responded in
different ways to the variety of constraints, incentives, and
opportunities that have been provided by the constitutional reforms of
the last two decades to act as the bulwark against authoritarianism,
and this provides a rich field for analysis, filling an important gap
in the literature of contemporary comparative constitutional
adjudication.
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Produktdetaljer
ISBN
9780192538635
Publisert
2020
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter