The Making of the Constitution of Kenya

The Making of the Constitution of Kenya
Author: Charles O. Oyaya
Publisher: Routledge
Total Pages: 295
Release: 2018-05-11
Genre: Political Science
ISBN: 1317161734

Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.

Kenya

Kenya
Author: Godwin R. Murunga
Publisher: Zed Books Ltd.
Total Pages: 234
Release: 2014-12-11
Genre: Political Science
ISBN: 1780323689

The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.

Constitutional Triumphs, Constitutional Disappointments

Constitutional Triumphs, Constitutional Disappointments
Author: Rosalind Dixon
Publisher: Cambridge University Press
Total Pages: 471
Release: 2018-04-19
Genre: History
ISBN: 1108415334

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Assessing Constitutional Performance

Assessing Constitutional Performance
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 447
Release: 2016-08-30
Genre: Law
ISBN: 1316712575

From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

Separation of Powers in African Constitutionalism

Separation of Powers in African Constitutionalism
Author: Charles Manga Fombad
Publisher: Oxford University Press
Total Pages: 444
Release: 2016
Genre: Law
ISBN: 0198759797

The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.