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This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
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.
"49 insightful essays ... which originally appeared on his award-winning blog 'Scribbles from the den'"--Page 4 of cover
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
An insider's account of Romania's emergence from communism control In the 1970s American attorney Alfred H. Moses was approached on the streets of Bucharest by young Jews seeking help to emigrate to Israel. This became the author's mission until the communist regime fell in 1989. Before that Moses had met periodically with Romania's communist dictator, Nicolae Ceausescu, to persuade him to allow increased Jewish emigration. This experience deepened Moses's interest in Romania—an interest that culminated in his serving as U.S. ambassador to the country from 1994 to 1997 during the Clinton administration. The ambassador's time of service in Romania came just a few years after the fall of the Berlin Wall and the subsequent collapse of communism in Eastern Europe. During this period Romania faced economic paralysis and was still buried in the rubble of communism. Over the next three years Moses helped nurture Romania's nascent democratic institutions, promoted privatization of Romania's economy, and shepherded Romania on the path toward full integration with Western institutions. Through frequent press conferences, speeches, and writings in the Romanian and Western press and in his meetings with Romanian officials at the highest level, he stated in plain language the steps Romania needed to take before it could be accepted in the West as a free and democratic country. Bucharest Diary: An American Ambassador's Journey is filled with firsthand stories, including colorful anecdotes, of the diplomacy, both public and private, that helped Romania recover from four decades of communist rule and, eventually, become a member of both NATO and the European Union. Romania still struggles today with the consequences of its history, but it has reached many of its post-communist goals, which Ambassador Moses championed at a crucial time. This book will be of special interest to readers of history and public affairs—in particular those interested in Jewish life under communist rule in Eastern Europe and how the United States and its Western partners helped rebuild an important country devastated by communism.
Bringing together a distinguished cast of contributors, the book provides an authoritative and definitive analysis of the theory, practice and development impact of corruption in Africa. Combating corruption is demonstrated to require greater priority in the quest for African development.