http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
"A Theory of African Constitutionalism ask and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism."--
Cover -- Series -- A Theory of African Constitutionalism -- Copyright -- Contents -- Acknowledgements -- Table of Cases -- Table of Legislation -- Introduction -- part 1 -- 1. Legal Syncretism as a Theoretical Framework for African Constitutionalism -- I. Why We Need a Theoretical Framework for African Constitutionalism -- II. Theoretical Frameworks of Law and their Relevance to Constitutional Law -- III. Legal Centralism -- IV. Legal Pluralism -- V. The Potential and Limits of Legal Centralism and Legal Pluralism as Theoretical Frameworks for African Constitutionalism
VI. Legal Syncretism as a Theoretical Framework for African Constitutionalism -- VII. Conclusion -- 2. The Transformation of African Constitutionalism -- I. Constitutionalism in Precolonial Africa -- A. Traditional Government and Traditional Conceptions of Power -- B. Custom as an Indigenous Constitution -- C. Indigenous Constitutionalism -- II. Constitutionalism in Colonial Africa -- A. Colonial Constitutions -- B. The Transformation of Traditional Government -- C. The Transformation of Custom -- III. Constitutionalism in Postcolonial Africa
A. The Continuous Negation and Affirmation of Liberal Constitutionalism -- B. Customary Law and Traditional Authority in Postcolonial Constitutions -- C. Customary Law and Traditional Authority in the Postcolonial Constitutional Discourse -- IV. Conclusion -- 3. The Design and Practice of African Constitutionalism -- I. The African State and its Vertical Organization -- A. The Constitution of the African State -- B. The Vertical Organization of the African State: Between Federalism and Unitarism -- II. The African Government Architecture -- A. The Legislative: The Dual House of Representation
B. The Executive: Imperial and Personalized -- C. The Judiciary: The Fusion of Laws and Persons -- III. The African Constitutional Rights Regime -- A. The Duty-​Rights Conception -- B. Women's Constitutional Rights -- IV. Conclusion -- part 2 -- 4. Federalism -- I. Federalism: A Conceptual Framework -- II. The Purpose and Formation of Federalism in Nigeria, Ethiopia, and South Africa -- A. Nigeria -- B. Ethiopia -- C. South Africa -- III. The Fundamental Elements of Federalism in Nigeria, Ethiopia, and South Africa -- A. Nigeria: Centralized Federalism -- B. Ethiopia: Ethnic Federalism
C. South Africa: Co-​operative Government -- IV. The Performance of Federalism in Nigeria, Ethiopia, and South Africa -- V. Conclusion -- 5. The Executive -- I. The Executive: A Conceptual Framework -- II. The Executive in Nigeria: 'Imperial Presidency' -- III. The Executive in Ethiopia: 'Imperial Premiership' -- IV. The Executive in South Africa: 'Constrained Presidency' -- V. Conclusion -- 6. Women's Constitutional Rights -- I. Women's Rights as Human Rights -- II. Women's Constitutional Rights in Nigeria -- A. Constitutional Design -- B. Islamic and Customary Laws on Marriage and Inheritance
Includes bibliographical references and index.