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Berihun Adugna Gebeye - A Theory of African Constitutionalism (Oxford Comparative Constitutionalism)

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Berihun Adugna Gebeye A Theory of African Constitutionalism (Oxford Comparative Constitutionalism)
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A Theory of African Constitutionalism asks 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.

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OXFORD COMPARATIVE CONSTITUTIONALISM Series Editors RICHARD ALBERT - photo 1

OXFORD COMPARATIVE CONSTITUTIONALISM

Series Editors

RICHARD ALBERT

William Stamps Farish Professor of Law, The University of Texas at Austin Law School

ROBERT SCHTZE

Professor of European and Global Law, Durham University and College of Europe

A Theory of African Constitutionalism

OXFORD COMPARATIVE CONSTITUTIONALISM

Series Editors

Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin Law School

Robert Schtze, Professor of European and Global Law, Durham University and College of Europe

Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law.

Advisory Board

Denis Baranger, Professor of Public Law, Universit Paris II Panthon-Assas

Wen-Chen Chang, Professor of Law, National Taiwan University

Roberto Gargarella, Professor of Law, Universidad Torcuato di Tella

Vicki C Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School

Christoph Mllers, Professor of Public Law and Jurisprudence, Humboldt-Universitt zu Berlin

Cheryl Saunders A.O., Laureate Professor Emeritus, Melbourne Law School

also published in this series

Abusive Constitutional Borrowing

Legal Globalization and the Subversion of Liberal Democracy

Rosalind Dixon and David Landau

Deliberative Peace Referendums

Ron Levy, Ian OFlynn, Hoi L Kong

Eternity Clauses In Democratic Constitutionalism

Silvia Suteu

Scales of Memory

Constitutional Justice and Historical Evil

Justin Collings

The Global South and Comparative Constitutional Law

Edited byPhilipp Dann, Michael Riegner, and Maxim Bnnemann

City, State

Constitutionalism and the Megacity

Ran Hirschl

Constitutional Change in the Contemporary Socialist World

Ngoc Son Bui

Polands Constitutional Breakdown

Wojciech Sadurski

A Theory of African Constitutionalism Oxford Comparative Constitutionalism - image 2

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United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries

Berihun Adugna Gebeye 2021

The moral rights of the author have been asserted

First Edition published in 2021

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Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queens Printer for Scotland

Published in the United States of America by Oxford University Press

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British Library Cataloguing in Publication Data

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