Del i serien Stellenbosch Handbooks in African Constitutional Law

Ethnicity and Constitutionalism in Africa

Inbunden, Engelska, 2027

2 439 kr

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African constitutions have long stood at the centre of efforts to manage the challenges of politicised ethnic diversity. From the moment of independence, constitution-makers have grappled with the question of how to accommodate competing identities within fragile and evolving state structures. Yet early constitutional recognition of ethnic interests was often short-lived, giving way to authoritarian rule, instability, and conflict—developments that continue to shape the continent's constitutional landscape.The wave of constitutional reform that began in the 1990s offered renewed opportunities to address these tensions through institutional design. Across Africa, a wide range of mechanisms—federal arrangements, minority rights protections, and participatory models of governance—have been adopted in an effort to foster inclusion and mitigate conflict. However, the promise of these reforms has frequently been undermined by selective implementation, political manipulation, and a persistent gap between constitutional ideals and lived realities, echoing broader concerns about the fragility of constitutionalism in practice. Bringing together leading scholars and diverse case studies, this volume critically examines how constitutional design has responded to, managed, or, at times, exacerbated ethnic tensions. It explores the complex intersections between ethnicity and other foundational constitutional concerns, including gender, federalism, minority protection, and nation-building, situating these debates within both comparative and theoretical perspectives.By interrogating the successes and limitations of three decades of constitutional reform, Ethnicity and Constitutionalism in Africa offers a timely and rigorous assessment of the prospects for developing inclusive constitutional orders in Africa. It makes a significant contribution to ongoing debates on how constitutionalism can promote substantive equality, strengthen legitimacy, and support more peaceful and resilient multi-ethnic societies.

Produktinformation

Utgivningsdatum2027-02-09
Mått171 x 246 x undefined mm
FormatInbunden
SpråkEngelska
SerieStellenbosch Handbooks in African Constitutional Law
Antal sidor424
FörlagOUP OXFORD
ISBN9780197934845

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Yonatan T. Fessha is Professor of Law and Research Chair in Constitutional Design and Divided Societies at the Faculty of Law, University of the Western Cape. His research explores the relevance and importance of constitutional design in addressing the challenges of governance in societies grappling with identity-based political tensions and conflicts. He has published widely on, among other topics, federalism, constitutional design, autonomy, intergovernmental relations, and politicised ethnicity.Charles M. Fombad is Professor of Law and Director of the Institute for International and Comparative Law, Faculty of Law, University of Pretoria. His research focuses on diverse aspects of comparative African constitutional law, legal history, and media law. He has published extensively and has received several prizes for his research, including the University of Pretoria Chancellor's Award for Research in 2021.Nico Steytler is Professor Emeritus in the Faculty of Law at the University of the Western Cape (UWC). He previously held the South African Research Chair in Multilevel Government, Law and Development at the Dullah Omar Institute of Constitutional Law, Governance and Human Rights, UWC, from 2013 to 2022. From 1994 to 2012, he was Director of the Community Law Centre, UWC (the predecessor of the Dullah Omar Institute). His research has focused on constitutional law, multilevel government, and local government in South Africa, elsewhere in Africa, and beyond. He has authored several books and contributed to many others in this field.