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Full-Text Articles in Law

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes Jun 2020

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …


The Voice Of The People: Public Participation In The African Continent, Rafael Macia Aug 2016

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms …


Introduction: Constitutional Conflict And Development: Perspectives From South Asia And Africa, Sudha Setty, Matthew H. Charity Jan 2015

Introduction: Constitutional Conflict And Development: Perspectives From South Asia And Africa, Sudha Setty, Matthew H. Charity

Faculty Scholarship

This Introduction was written for an eponymous joint program held on January 4, 2014 and hosted by the Section on Africa and the Section of Law & South Asian Studies, both of the Association of American Law Schools.


Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo Dec 2014

Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo

Muna B Ndulo

No abstract provided.


Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent Dec 2014

Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent

Muna B Ndulo

No abstract provided.


Presidentialism In The Southern African States And Constitutional Restraint On Presidential Power, Muna Ndulo Dec 2014

Presidentialism In The Southern African States And Constitutional Restraint On Presidential Power, Muna Ndulo

Muna B Ndulo

No abstract provided.


Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy Jan 2013

Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy

Other Publications

The African Charter on Democracy, Elections and Governance (“ADC”) recently entered into force on February 15, 2012. The main goal of the ADC is the encouragement and promotion of democracy and human rights on the African continent. The ADC is the first binding regional instrument adopted by member states of the African Union (“AU”) that attempts to comprehensively address all of the elements necessary for the establishment of liberal democracies. The ADC also contains a number of expansive provisions regarding unconstitutional changes of government. For instance, the ADC is the first legal instrument adopted by member states of the AU …


Authorizing Subnational Constitutions In Transitional Federal States: South Africa, Democracy, And The Kwazulu- Natal Constitution, Jonathan Marshfield Dec 2007

Authorizing Subnational Constitutions In Transitional Federal States: South Africa, Democracy, And The Kwazulu- Natal Constitution, Jonathan Marshfield

Jonathan Marshfield

Not all federal systems permit their constituent units to adopt constitutions. This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems. By examining the role that subnational constitutions played in South Africa’s celebrated democratization, this Article observes that a transitional federal state can increase its flexibility and adaptability by merely authorizing subnational constitutions. The Article concludes that federal systems, particularly those undergoing fundamental change, can be better equipped to manage regime-threatening conflicts and perpetuate a democratic political culture if they permit constituent units to adopt constitutions.


Slides: Forests And Grasslands, Federico Cheever Jun 2007

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides


Presidentialism In The Southern African States And Constitutional Restraint On Presidential Power, Muna Ndulo Jun 2002

Presidentialism In The Southern African States And Constitutional Restraint On Presidential Power, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.


Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo May 2001

Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.


Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent Jan 1996

Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.


Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie Oct 1992

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.


Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson Jan 1991

Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson

Faculty Articles and Other Publications

This article compares core freedoms in the United States Constitution with similar constitutional experience encountered in the Nigerian Constitution. It is a study in difference, illuminated by learned papers and discussion of these issues by judges, lawyers, professors, journalists and activists in Nigeria. Moreover, to add a third dimension, differences and similarities in constitutional experiences are shown within the contemporary framework of international norms.