Pathways to Judicial Power in Transitional States

Pathways to Judicial Power in Transitional States
Author: Rachel Ellett
Publisher: Routledge
Total Pages: 252
Release: 2013-08-21
Genre: Law
ISBN: 1135965986

This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.

Constitutionalism in East Africa

Constitutionalism in East Africa
Author: Kivutha Kibwana
Publisher: Fountain Books
Total Pages: 88
Release: 2001
Genre: Business & Economics
ISBN:

These essays by East African university professors of law, trace the course of constitutional development in East Africa since independence, and analyse the trends of constitutionalism in 1999. The essays cover: constitutional development in Kenya; constitution making in Tanzania; and the mixed results of Uganda's constitutional development. This is the first of planned annual comparative reviews of constitutionalism in East Africa intending to inform public debate on the progress, challenges and prospects of constitutional development in the region.

Battling over Human Rights

Battling over Human Rights
Author: J. Oloka-Onyango
Publisher: African Books Collective
Total Pages: 530
Release: 2015-07-13
Genre: Political Science
ISBN: 9956762156

This book brings together twenty think-pieces on contemporary Human Rights issues at the international, regional and national level by one of Africa's foremost scholars of International Human Rights and Constitutional Law, J. Oloka-Onyango. Ranging from the 'Arab Spring' to the Right to Education, the collection is both an in-depth analysis of discrete topics as well as a critical reflection on the state of human rights around the world today. Taking up issues such as the African reaction to the International Criminal Court (ICC), the question of truth and reconciliation before the outbreak of post-election violence in Kenya and the links between globalization and racism, the book is a tour de force of issues that are both unique as well as pertinent to human rights struggles around the world.

When Courts Do Politics

When Courts Do Politics
Author: Joseph Oloka-Onyango
Publisher: Cambridge Scholars Publishing
Total Pages: 380
Release: 2017-06-23
Genre: Political Science
ISBN: 1443864099

Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.

Constitutionalism in Africa

Constitutionalism in Africa
Author: Joseph Oloka-Onyango
Publisher: Fountain Books
Total Pages: 368
Release: 2001
Genre: Law
ISBN:

This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.