This volume looks at the relationship between constitutional law and the African political economy. It tackles a range of issues from the impact of globalization to the State's role in the economy, and the constitutional foundations for land and natural resources exploitation, regulation and protection.
This volume looks at the relationship between constitutional law and the African political economy. It tackles a range of issues from the impact of globalization to the State's role in the economy, and the constitutional foundations for land and natural resources exploitation, regulation and protection.
Charles M. Fombad is a professor of law and Director of the Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria. Besides South Africa, he has taught in universities in Cameroon and Botswana. He has published very widely on issues of constitutionalism in Africa and has won several awards for his research, the latest being the Chancellor's Award for Research in the University of Pretoria for 2021. He has also acted as a consultant for several international organisations such as the African Union and International IDEA (Institute for Democracy and Electoral Assistance). Nico Steytler is a professor of public law and the South African Research Chair in Multilevel Government, Law, and Development at the Dullah Omar Institute of Constitutional Law, Governance and Human Rights of the University of the Western Cape. He was a technical advisor to the Constitutional Assembly during the drafting of the 1996 South African Constitution. He was a member of the South African Municipal Demarcation Board (2004-2014) and a commissioner of the Financial and Fiscal Commission (2013-2017). He has provided expert advice on multilevel government internationally in South Sudan, Sudan, Trinidad and Tobago, Solomon Islands, Yemen, Democratic Republic of Congo, Ethiopia, Kenya, Zimbabwe, and Nepal.
Inhaltsangabe
* Introductory Remarks * Introduction * Part I: Concepts and Context * 1: Nico Steytler: Constitutionalism and the Economy: Concepts and Questions * 2: Ramos Emmanuel Mabugu: Relationships between the Economy and Constitutionalism in Sub-Saharan Africa * 3: Stephan F. H. Ollick: Constitutional Law and the Economy: Comparing Liberal Market Orders * Part II: Constitutionalising a Market Economy * 4: Charles M Fombad: Comparative Overview of Measures and Devices to Shape the Economy in Some Modern African Constitutions * 5: Nico Steytler: The Unravelling of the Constitution, Economy and Constitutionalism in South Africa * Part III: The Constitutional Framework for Land and Natural Resources * 6: John Hursh: Protecting the Land, Protecting the Resources: A Comparative Assessment of Constitutional Protections within Kenya, Sudan, and South Sudan * 7: Heinz Klug: The Political Economy of Post-Colonial Constitutionalism in Southern Africa * 8: Makanatsa Makonese: Land, Conflict and the Economy: The Role of the Constitution in Addressing the Land Issue in Post-Independence Zimbabwe * 9: Hanri Mostert: Custodial Resource Holding as an Expression of Constitutional and Economic Intent in Africa * 10: Henning Melber: Namibia s Resource-Based Economy: Protection vs Exploitation of Nature * Part IV: The Constitutional Framework for the State s Role in the Economy * 11: Sherif Elgebeily: The New Economic Empire of the Egyptian Military: A Lesson in Blurred Lines and Constitutional Transgression * 12: Solomon Negussie: Determining the Jurisdiction of Regional States in Promoting Investment in Ethiopia: A Constitutional and Practical Inventory * Part V: Impact of Globalisation on the Economy and Constitutionalism * 13: Adem Kassie Abebe: Taming the Spectre of Unsustainable Public Debt in Africa: A Heightened Role for Constitutions * 14: Eva Maria Belser: The Turn to Global Constitutionalism at the WTO and its Impact on African Constitutionalism * Part VI: General Conclusion * 15: Nico Steytler: Constitutionalising the Market Economy and the Quest for Constitutionalism
* Introductory Remarks * Introduction * Part I: Concepts and Context * 1: Nico Steytler: Constitutionalism and the Economy: Concepts and Questions * 2: Ramos Emmanuel Mabugu: Relationships between the Economy and Constitutionalism in Sub-Saharan Africa * 3: Stephan F. H. Ollick: Constitutional Law and the Economy: Comparing Liberal Market Orders * Part II: Constitutionalising a Market Economy * 4: Charles M Fombad: Comparative Overview of Measures and Devices to Shape the Economy in Some Modern African Constitutions * 5: Nico Steytler: The Unravelling of the Constitution, Economy and Constitutionalism in South Africa * Part III: The Constitutional Framework for Land and Natural Resources * 6: John Hursh: Protecting the Land, Protecting the Resources: A Comparative Assessment of Constitutional Protections within Kenya, Sudan, and South Sudan * 7: Heinz Klug: The Political Economy of Post-Colonial Constitutionalism in Southern Africa * 8: Makanatsa Makonese: Land, Conflict and the Economy: The Role of the Constitution in Addressing the Land Issue in Post-Independence Zimbabwe * 9: Hanri Mostert: Custodial Resource Holding as an Expression of Constitutional and Economic Intent in Africa * 10: Henning Melber: Namibia s Resource-Based Economy: Protection vs Exploitation of Nature * Part IV: The Constitutional Framework for the State s Role in the Economy * 11: Sherif Elgebeily: The New Economic Empire of the Egyptian Military: A Lesson in Blurred Lines and Constitutional Transgression * 12: Solomon Negussie: Determining the Jurisdiction of Regional States in Promoting Investment in Ethiopia: A Constitutional and Practical Inventory * Part V: Impact of Globalisation on the Economy and Constitutionalism * 13: Adem Kassie Abebe: Taming the Spectre of Unsustainable Public Debt in Africa: A Heightened Role for Constitutions * 14: Eva Maria Belser: The Turn to Global Constitutionalism at the WTO and its Impact on African Constitutionalism * Part VI: General Conclusion * 15: Nico Steytler: Constitutionalising the Market Economy and the Quest for Constitutionalism
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