Unconstitutional Changes of Government in Africa

Unconstitutional Changes of Government in Africa

Author: J. Shola Omotola

Publisher: Nordic Africa Institute

Published: 2011

Total Pages: 49

ISBN-13: 9789171067111

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This Discussion Paper is based on a conceptual and analytical reading of cases of unconstitutional change of government in Africa. It provides a deep and up-to-date exploration of the prospects for democratic consolidation on the continent against the backdrop of an upsurge in unconstitutional changes of government. Rather than focus only on the internal threats to democracy in Africa, the author also analyses the role of neighbouring states, regional organisations and hegemonic forces within the international community in advancing or limiting democracy. In this regard, this work sheds light on why the pursuit of the liberal democratic project in Africa has so far appeared to alienate ordinary people, while providing space for dominant elites to tamper with democratic institutions and processes, which then work against popular participation and democratic development. This paper is essential reading for scholars, policy practitioners, analysts and all those with an interest in the prospects for democracy in Africa.


Book Synopsis Unconstitutional Changes of Government in Africa by : J. Shola Omotola

Download or read book Unconstitutional Changes of Government in Africa written by J. Shola Omotola and published by Nordic Africa Institute. This book was released on 2011 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Discussion Paper is based on a conceptual and analytical reading of cases of unconstitutional change of government in Africa. It provides a deep and up-to-date exploration of the prospects for democratic consolidation on the continent against the backdrop of an upsurge in unconstitutional changes of government. Rather than focus only on the internal threats to democracy in Africa, the author also analyses the role of neighbouring states, regional organisations and hegemonic forces within the international community in advancing or limiting democracy. In this regard, this work sheds light on why the pursuit of the liberal democratic project in Africa has so far appeared to alienate ordinary people, while providing space for dominant elites to tamper with democratic institutions and processes, which then work against popular participation and democratic development. This paper is essential reading for scholars, policy practitioners, analysts and all those with an interest in the prospects for democracy in Africa.

The AU and the Challenge of Unconstitutional Changes of Government in Africa

The AU and the Challenge of Unconstitutional Changes of Government in Africa

Author: Issaka K. Soaré

Publisher:

Published: 2009

Total Pages: 18

ISBN-13:

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Divided into four sections, this paper seeks to examine three main issues with regard to unconstitutional changes of government (UCG) in Africa. The first issue and section looks at the definition of the concept or phenomenon of UCG, at least from the viewpoint of the AU, with a special emphasis on the phenomenon of 'military coup d'état'. The second section deals with the policy position of the AU with regard to this phenomenon. This entails not only looking at the position of the AU, but also analysing the rationale behind it. In other words, knowing that the position of the AU is to condemn this phenomenon, the task is to interrogate this position to determine what led to its adoption and how justified it is. The third section then tries to scrutinise this position and examine its adequacy. In so doing, the preventive and reactive effect of the policy is juxtaposed with more emphasis on the latter. The fourth section deals in more detail with the preventive role of the policy and, with shortcomings identifi ed in this regard, highlights two important issues to be considered to enhance the preventive impact of the policy.


Book Synopsis The AU and the Challenge of Unconstitutional Changes of Government in Africa by : Issaka K. Soaré

Download or read book The AU and the Challenge of Unconstitutional Changes of Government in Africa written by Issaka K. Soaré and published by . This book was released on 2009 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divided into four sections, this paper seeks to examine three main issues with regard to unconstitutional changes of government (UCG) in Africa. The first issue and section looks at the definition of the concept or phenomenon of UCG, at least from the viewpoint of the AU, with a special emphasis on the phenomenon of 'military coup d'état'. The second section deals with the policy position of the AU with regard to this phenomenon. This entails not only looking at the position of the AU, but also analysing the rationale behind it. In other words, knowing that the position of the AU is to condemn this phenomenon, the task is to interrogate this position to determine what led to its adoption and how justified it is. The third section then tries to scrutinise this position and examine its adequacy. In so doing, the preventive and reactive effect of the policy is juxtaposed with more emphasis on the latter. The fourth section deals in more detail with the preventive role of the policy and, with shortcomings identifi ed in this regard, highlights two important issues to be considered to enhance the preventive impact of the policy.

The African Criminal Court

The African Criminal Court

Author: Gerhard Werle

Publisher: Springer

Published: 2016-11-29

Total Pages: 349

ISBN-13: 9462651507

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This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.


Book Synopsis The African Criminal Court by : Gerhard Werle

Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context

Author: Charles C. Jalloh

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 1199

ISBN-13: 110842273X

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This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.


Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh

Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Unconstitutional Changes of Government in Africa

Unconstitutional Changes of Government in Africa

Author:

Publisher:

Published: 2001

Total Pages: 10

ISBN-13:

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Download or read book Unconstitutional Changes of Government in Africa written by and published by . This book was released on 2001 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Unusually Cruel

Unusually Cruel

Author: Marc Morjé Howard

Publisher: Oxford University Press

Published: 2017

Total Pages: 297

ISBN-13: 0190659343

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The United States incarcerates far more people than any other country in the world, at rates 7-10 times higher than other liberal democracies. Indeed, while the US holds only about 5 percent of the world's population, it contains nearly 25 percent of its prisoners. At every stage of thecriminal justice process - including plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the US has harsher and more punitive practices than other comparable countries. Media headlines allude to the "radically humane" prisons of Europe, sometimes presentingthem as too soft on crime. But when lower rates of incarceration and better prison conditions often correlate with lower costs, increased public safety, and more successful rehabilitation, why do prisons in the US remain so punitive?In Unusually Cruel, Marc Morje Howard argues that the United States' prison system is exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis thatshows just how far the US prison system lies outside of the norm of established democracies. The book compares the US to other advanced industrialized democracies, with particular focus on the three comparative cases of France, Germany, and the United Kingdom.Although Unusually Cruel paints a grim picture of the American system, it also provides a hopeful message. Howard identifies practical and proven solutions from other countries that are less punitive and more productive, as well as models that could help the US get out of its criminal justicequagmire.


Book Synopsis Unusually Cruel by : Marc Morjé Howard

Download or read book Unusually Cruel written by Marc Morjé Howard and published by Oxford University Press. This book was released on 2017 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States incarcerates far more people than any other country in the world, at rates 7-10 times higher than other liberal democracies. Indeed, while the US holds only about 5 percent of the world's population, it contains nearly 25 percent of its prisoners. At every stage of thecriminal justice process - including plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the US has harsher and more punitive practices than other comparable countries. Media headlines allude to the "radically humane" prisons of Europe, sometimes presentingthem as too soft on crime. But when lower rates of incarceration and better prison conditions often correlate with lower costs, increased public safety, and more successful rehabilitation, why do prisons in the US remain so punitive?In Unusually Cruel, Marc Morje Howard argues that the United States' prison system is exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis thatshows just how far the US prison system lies outside of the norm of established democracies. The book compares the US to other advanced industrialized democracies, with particular focus on the three comparative cases of France, Germany, and the United Kingdom.Although Unusually Cruel paints a grim picture of the American system, it also provides a hopeful message. Howard identifies practical and proven solutions from other countries that are less punitive and more productive, as well as models that could help the US get out of its criminal justicequagmire.

Analysis of OAU/AU Responses to Unconstitutional Changes of Government in Africa

Analysis of OAU/AU Responses to Unconstitutional Changes of Government in Africa

Author: Mxolisi Nkosi

Publisher:

Published: 2013

Total Pages:

ISBN-13:

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This inquiry was prompted by the resurgence of the phenomenon of coups in Africa in the recent past. The most recent wave of coups has brought the phenomenon under the scrutiny of continental and international bodies. Unlike in the first three decades after independence, which were characterized by inaction and indifference in the face of coups, in recent times African leaders are determined to stem the tide of coups through an unprecedented set of continental and sub-regional norms and collective action. The mini-thesis analyses traditional, and modern security paradigms, as well as comparative politics in order to understand and situate African coups. It argues that the African coup oscillates between the realist, organizational and praetorian paradigms of civil-military relations. Unlike its predecessor, the moribund Organisaton of African Unity (OAU), the African Union (AU) through normative instruments has demonstrated greater enthusiasm not only in reversing the coup tide, but more fundamentally in entrenching a culture of democracy and good governance. Its pronouncements and active engagement in coup-affected countries have been consistent, unambiguous and forthright. In conclusion, the mini-thesis identifies and assesses a myriad of factors at state and regional levels, as well the interests of foreign actors which have over the years conspired to limit the ability of continental bodies to deal effectively with unconstitutional changes of government. These factors, which are largely located at state level, at the core of which is the nature and form of the African state, need to be addressed first in order to rid the continent of the coup contagion.


Book Synopsis Analysis of OAU/AU Responses to Unconstitutional Changes of Government in Africa by : Mxolisi Nkosi

Download or read book Analysis of OAU/AU Responses to Unconstitutional Changes of Government in Africa written by Mxolisi Nkosi and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This inquiry was prompted by the resurgence of the phenomenon of coups in Africa in the recent past. The most recent wave of coups has brought the phenomenon under the scrutiny of continental and international bodies. Unlike in the first three decades after independence, which were characterized by inaction and indifference in the face of coups, in recent times African leaders are determined to stem the tide of coups through an unprecedented set of continental and sub-regional norms and collective action. The mini-thesis analyses traditional, and modern security paradigms, as well as comparative politics in order to understand and situate African coups. It argues that the African coup oscillates between the realist, organizational and praetorian paradigms of civil-military relations. Unlike its predecessor, the moribund Organisaton of African Unity (OAU), the African Union (AU) through normative instruments has demonstrated greater enthusiasm not only in reversing the coup tide, but more fundamentally in entrenching a culture of democracy and good governance. Its pronouncements and active engagement in coup-affected countries have been consistent, unambiguous and forthright. In conclusion, the mini-thesis identifies and assesses a myriad of factors at state and regional levels, as well the interests of foreign actors which have over the years conspired to limit the ability of continental bodies to deal effectively with unconstitutional changes of government. These factors, which are largely located at state level, at the core of which is the nature and form of the African state, need to be addressed first in order to rid the continent of the coup contagion.

The African Union: Legal and Institutional Framework

The African Union: Legal and Institutional Framework

Author: Abdulqawi A. Yusuf

Publisher: Martinus Nijhoff Publishers

Published: 2012-01-20

Total Pages: 592

ISBN-13: 9004227725

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This work is an introduction to the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) 10 years ago. Although the AU came into being in 2001, so far there is no comprehensive work which addresses the institution, its organs and structures, the scope of its operations, its legal framework and the normative standards underpinning its objectives and functions or those underlying the conventions, charters and protocols it has enacted or inherited from its predecessor, the OAU. It is the aim of this work to fill that void. It has been conceived as a manual, and not as a scholarly treatise, so as to serve as a basic introduction to the institutional and legal framework of the AU and its affiliated organizations. It is meant to offer a concise and clear picture of the nature and workings of a continental institution aimed not only at promoting peace and unity in Africa but also at ensuring human security, development, human rights protection and good governance for the peoples of Africa.


Book Synopsis The African Union: Legal and Institutional Framework by : Abdulqawi A. Yusuf

Download or read book The African Union: Legal and Institutional Framework written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2012-01-20 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is an introduction to the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) 10 years ago. Although the AU came into being in 2001, so far there is no comprehensive work which addresses the institution, its organs and structures, the scope of its operations, its legal framework and the normative standards underpinning its objectives and functions or those underlying the conventions, charters and protocols it has enacted or inherited from its predecessor, the OAU. It is the aim of this work to fill that void. It has been conceived as a manual, and not as a scholarly treatise, so as to serve as a basic introduction to the institutional and legal framework of the AU and its affiliated organizations. It is meant to offer a concise and clear picture of the nature and workings of a continental institution aimed not only at promoting peace and unity in Africa but also at ensuring human security, development, human rights protection and good governance for the peoples of Africa.

The African Union's Approach to the Question of Unconstitutional Changes of Government

The African Union's Approach to the Question of Unconstitutional Changes of Government

Author: Khululiwe Ntombizodwa Bhengu

Publisher:

Published: 2017

Total Pages: 74

ISBN-13:

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Book Synopsis The African Union's Approach to the Question of Unconstitutional Changes of Government by : Khululiwe Ntombizodwa Bhengu

Download or read book The African Union's Approach to the Question of Unconstitutional Changes of Government written by Khululiwe Ntombizodwa Bhengu and published by . This book was released on 2017 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The African Union (AU)

The African Union (AU)

Author: Konstantinos D. Magliveras

Publisher: Kluwer Law International B.V.

Published: 2018-02-28

Total Pages: 314

ISBN-13: 9041195882

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of The African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of The African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.


Book Synopsis The African Union (AU) by : Konstantinos D. Magliveras

Download or read book The African Union (AU) written by Konstantinos D. Magliveras and published by Kluwer Law International B.V.. This book was released on 2018-02-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of The African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of The African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.