Comparative Constitutionalism and Good Governance in the Commonwealth: An Eastern and Southern African Perspective

by John Hatchard , Muna Ndulo , Peter Slinn

• ISBN13: 9780521118293
• ISBN10: 0521118298
• Format: Paperback
• Copyright: 2010-01-01
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Preface

List of cases

List of constitutions

List of statutes

List of other instruments

Map

Introduction

The democratic state in Africa: setting the scene

Constitutions and the search for a viable political order

Devising popular and durable national constitutions: the new constitutions of the 1990s

Perfecting imperfections: amending a constitution

Presidentialism and restraints upon executive power

Enhancing access to the political system

Making legislatures effective

The judiciary and the protection of constitutional rights

The devolution of power to local communities

Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman

Seeking constitutional control of the military

Constitutionalism and emergency powers

Constitutional governance: the lessons from southern and eastern experience

Bibliography

Index

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