The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.
• Considers key constitutional problems affecting Commonwealth African countries • Comparative study of Commonwealth countries in eastern and southern Africa • Contributes to the debate on the promotion and protection of good governance
Preface; List of cases; List of constitutions; List of statutes; List of other instruments; Map; Introduction; 1. The democratic state in Africa: setting the scene; 2. Constitutions and the search for a viable political order; 3. Devising popular and durable national constitutions: the new constitutions of the 1990s; 4. Perfecting imperfections: amending a constitution; 5. Presidentialism and restraints upon executive power; 6. Enhancing access to the political system; 7. Making legislatures effective; 8. The judiciary and the protection of constitutional rights; 9. The devolution of power to local communities; 10. Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman; 11. Seeking constitutional control of the military; 12. Constitutionalism and emergency powers; 13. Constitutional governance: the lessons from southern and eastern experience; Bibliography; Index.
' … an important contribution to the burgeoning field of comparative constitutionalism by bringing discussions of democracy in Commonwealth Africa into focus … this book offers tremendous insights for policy makers and students of African law and politics … the book insightfully and straightforwardly captures the complexity of the challenges of democratisation in the region.' International Journal of Constitutional Law