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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.
"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.
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Gocking provides a historical overview of Ghana from the emergence of precolonial states through increasing contact with Europeans that led to the establishment of formal colonial rule by Great Britian at the end of the 19th century. Colonial rule transformed what was known as the Gold Coast economically, socially, and politically, but it contained the seeds of its own demise. After World War II an increasingly more effective nationalist movement challenged British rule, and in 1957 Ghana became independent. Independence brought its own challenges the most important of which was the inability to maintain political stability. Within the space of 24 years there were four military coups and the collapse of three republics. Ghana's Fourth Republic, established in 1993, has dealt with the legacy of instability inherited from the past as it moves towards a more stable future. A timeline, photographs, maps, and an appendix of biographies of notable figures in the history of Ghana are included. Students and adults alike will find this book to be highly effective in describing the often turbulent and tumultuous history of this country.
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
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.
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.
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.
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.