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Ghana, the torch bearer of African Independence from the yoke of colonial bondage, has been pushed to the background from its earlier pre-eminent position in international as well as African affairs. Since independence, Ghana has experienced diverse forms of Government and has almost run out of models for governing herself. Instead of providing leadership to the underdeveloped countries of Africa, Ghana is busy in its quest for evolving a stable and workable political system. In its effort to evolve a stable political system and an operational constitution capable of providing steady economic progress and social upliftment. Ghana has experimented west-minister style parliamentary system, a Single Party Republic and many military regimes following coups and counter coups. Like many of the developing states of Africa, Ghana has been plagued with post-independence political instability. Civilians as well as military governments have been installed with initial enthusiasm but so far none has been able to solve the pressing problems. In fact the quest for a permanent solution to what appears a persistent governmental crisis, has invited many coups and counter coups. It addresses and analyses the maladies that has afflicted the Ghanaian body politic.
While Professor of Law and Dean of the Faculty of Law at the University of Ghana from 1962 to 1964, the author personally observed the evolving legal order in Ghana during a crucial period in that country's development. Here, he considers statutes and judicial decisions. Working from the premise that law is a value-neutral technique of social ordering and derives its value content from a dominant elite, Professor Harvey places the important Ghanaian constitutional and legal developments in their social context. He concludes that although democratic values have dominated the basic structure of public power, autocratic values have determined the realities of political life in Ghana. Originally published in 1966. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Ghana attained independence in 1957. From 1992, when a new constitution came into force and established a new – democratic – framework for governing the country, elections have been organized every four years to choose the governing elites. The essays in this volume are about those elections because elections give meaning to the role of citizens in democratic governance. The chapters depart from the study of formal structures by which the electorate choose their representatives. They evaluate the institutional forms that representation take in the Ghanaian context, and study elections outside the specific institutional forms that according to democratic theory are necessary for arriving at the nature of the relationships that are formed between the voters and their representatives and the nature and quality of their contribution to the democratic process.
Contents: PART I:1. The African Challenge to Democracy. PART II: 2. Historical Background. 3. The Physical and Economic Environment. PART III: 4. The Traditionally Oriented System. 5. Political Organization Among the Akan. 6. Patterns of Indirect Rule. 7. The Politics of Indirect Rule. 8. Towards Autonomy Within the Commonwealth. 9. The Structures of Secular Government. 10. Patterns of Gold Coast Politics. I I. The Legislative Assembly in Action. 12. National Issues and Local Politics. PART IV: 13. Control Factors in Institutional Transfer. 14. Prospects of Gold Coast Democracy. 15. Ghana as a New Nation. Index. Originally published in 1955. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.
This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
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.