Judicial Independence In Africa
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| Author | : Wahab O. Egbewole |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Africa |
| ISBN | : 9780854902378 |
At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions. At the operational level, the Judiciary is regarded as the junior partner with the 'restrictions' on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary. To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts. All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples' Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it? This book, Judicial Independence in Africa set out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.
| Author | : Jennifer A. Widner |
| Publisher | : W W Norton & Company Incorporated |
| Total Pages | : 464 |
| Release | : 2001 |
| Genre | : Biography & Autobiography |
| ISBN | : 9780393976892 |
A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.
| Author | : Meshack Simati |
| Publisher | : Routledge |
| Total Pages | : 192 |
| Release | : 2021-09-30 |
| Genre | : |
| ISBN | : 9781032174600 |
This book explores the effect of the judiciary on the incidence of post-election violence by political actors across Africa and within African countries. It examines how variation in judicial independence can constrain or incentivize election violence among democratizing states. Using case studies and cross-national analysis, the book shows that variation in levels of judicial independence from a non-independent judiciary to a quasi-independent judiciary or from a fully independent judiciary to quasi-independent judiciary increases the likelihood of strategic use of post-election violence by non-state actors. However, the likelihood of post-election violence is significantly reduced in non-independent judiciaries or once countries' judiciaries become fully independent. The author makes the theoretical argument that, within unconsolidated states, non-state actors that view the judiciary as semi-independent are more likely to engage in post-election violence with the purpose of creating political and professional uncertainty in order to influence assertive behaviour from judges in disputed elections. Consequently, the book argues that semi-independent judiciaries or judiciaries that are neither fully controlled by the incumbent nor fully independent from the incumbent can help explain post-election violence among unconsolidated states, all else being equal. This book will be of interest to scholars of election violence, democratic politics, law and politics and African politics.
| Author | : |
| Publisher | : |
| Total Pages | : 180 |
| Release | : 2016 |
| Genre | : |
| ISBN | : 9789176710524 |
This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.
| Author | : Adam Dodek |
| Publisher | : |
| Total Pages | : 641 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9781552211953 |
Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada's controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.
| Author | : Peter H. Russell |
| Publisher | : University of Virginia Press |
| Total Pages | : 342 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780813920153 |
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
| Author | : Shimon Shetreet |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 689 |
| Release | : 2011-11-11 |
| Genre | : Law |
| ISBN | : 9004215859 |
The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
| Author | : Shimon Shetreet |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 600 |
| Release | : 2015-01-27 |
| Genre | : Law |
| ISBN | : 9004257810 |
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
| Author | : Shimon Shetreet |
| Publisher | : BRILL |
| Total Pages | : 588 |
| Release | : 2021-08-24 |
| Genre | : Law |
| ISBN | : 9004421556 |
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
| Author | : Dikgang Moseneke |
| Publisher | : Pan Macmillan South africa |
| Total Pages | : 527 |
| Release | : 2018-01-01 |
| Genre | : Biography & Autobiography |
| ISBN | : 1770105093 |
In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’ s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
