Comparative Constitutionalism and Good Governance in the Commonwealth An Eastern and Southern African Perspective

Considers the problems of constitutionalism and addresses the legal issues of making constitutions 'work'.

The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.

Preface; List of cases; List of constitutions; List of statutes; List of other instruments; Map; Introduction; 1. The democratic state in Africa: setting the scene; 2. Constitutions and the search for a viable political order; 3. Devising popular and durable national constitutions: the new constitutions of the 1990s; 4. Perfecting imperfections: amending a constitution; 5. Presidentialism and restraints upon executive power; 6. Enhancing access to the political system; 7. Making legislatures effective; 8. The judiciary and the protection of constitutional rights; 9. The devolution of power to local communities; 10. Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman; 11. Seeking constitutional control of the military; 12. Constitutionalism and emergency powers; 13. Constitutional governance: the lessons from southern and eastern experience; Bibliography; Index.

Key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure good governance are analysed here. Utilising comparative material, the book draws lessons about the problems of constitutionalism and critically addresses the legal issues involved in making constitutions 'work' in practice.