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In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.
About the editors:
Charles Manga Fombad is Professor of law and heads the African Constitutional Law Unit at ICLA. He holds a Licence en Droit (University of Yaounde), LL.M. and Ph. D. (University of London) and a Diploma in Conflict Resolution (University of Uppsala).
Table of Contents
TABLE OF CONTENTS
Foreword
Contributors
- PART 1 GENERAL INTRODUCTION
- Introduction
Charles M. Fombad - Problematising the Issue of Constitutional Implementation in Africa
Charles M. FombadPART 2 COUNTRY CASE STUDIES
- Constitutional Implementation: The Nigerian Experience
Nathaniel A Inegbedion - Constitutional Implementation: The Swaziland Experience
Thulani R. Maseko and Lukman Abdulrauf - Three Years into the Implementation of the Zimbabwean Constitution of 2013: Progress, Challenges, Prospects and Lessons
Tinashe Chigwata - Constitutional Implementation 20 Years Later: The Uganda Report Card
Donald RukarePART 3 THE ROLE OF CIVIL SOCIETY ORGANISATIONS
- The Role of Civil Society Organisations and the Chapter 9 Institutions in Implementing South Africa’s Constitution
Wandisa Phama and Palesa Madi - Women’s Rights and Gender Equality in the New Zimbabwean Constitution: The Role of Civil Society in Implementation and Compliance
Makanatsa MakonesePART 4 THE USE OF SPECIALISED CONSTITUTIONAL COMMISSIONS
- The Use of Specialised Commissions for Constitutional Implementation: An Insider View of the Kenyan CIC
Kamotho Waiganjo - The Use of Specialised Commissions for Constitutional Implementation: An Outsider View of the Kenyan CIC
Jane R. SerwangaPART 5 GENERAL CONCLUSION
- Constitutional Implementation in Perspective: Developing a Sustainable Normative Constitutional Implementation Framework
Charles M. Fombad