The Gambia in transition: Towards a new constitutional order


Book Description

The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.




Comparative Constitutional Law


Book Description

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.




Corporate Accountability under Socio-Economic Rights


Book Description

In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.




The Constitutional Law of the Gambia


Book Description

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Citizenship in Africa


Book Description

Citizenship in Africa provides a comprehensive exploration of nationality laws in Africa, placing them in their theoretical and historical context. It offers the first serious attempt to analyse the impact of nationality law on politics and society in different African states from a trans-continental comparative perspective. Taking a four-part approach, Parts I and II set the book within the framework of existing scholarship on citizenship, from both sociological and legal perspectives, and examine the history of nationality laws in Africa from the colonial period to the present day. Part III considers case studies which illustrate the application and misapplication of the law in practice, and the relationship of legal and political developments in each country. Finally, Part IV explores the impact of the law on politics, and its relevance for questions of identity and 'belonging' today, concluding with a set of issues for further research. Ambitious in scope and compelling in analysis, this is an important new work on citizenship in Africa.




Perspectives on New Gambia


Book Description

Perspectives on New Gambia is a detailed chronicle of the ebb and flow of The Gambia's first-ever democratic transition of power. The First Republic was brought to an end in a bloodless military coup on Friday, 22 July 1994 that led to the political ascendancy of the then young military officer Lieutenant Yahya Jammeh. After two years in charge as a military leader, he ran for President in 1996 and went on to win three successive presidential terms until Friday, 2 December 2016 when he was defeated at the polls by an opposition coalition, led by Adama Barrow. Although Yahya Jammeh initially conceded defeat and later retracted his concession, he finally gave up power on Friday, 20 January 2017. In between these two monumental shifts, The Gambia tottered on the brink, threatening to tip over into an abyss. This book is a living witness to the mood and flavour of that turbulent moment in the political evolution of The Gambia. Divided into four interrelated sections, Perspectives on New Gambia traces the history of Coalition 2016, explores the political impasse and post-election peace in The Gambia, critically examines the first 100 Days of the Coalition Government, discusses public expectations and proffers strategic recommendations for re-building The Gambia.




Citizenship Law in Africa


Book Description

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.




Democracy, Human Rights and Governance in The Gambia


Book Description

The first chapter explores the origin of the philosophy of law and society in relation to contemporary international human rights law. Democracy as a governance system is discussed in the second chapter. First; the chapter conceptualises governance, good governance and democracy. Drawing on this, the second part of the second chapter argues that democracy is an open-source concept that should be fitted to the social and indigenous political cultures. The later part of second chapter puts the Gambian democracy in context by identifying democratic practices in state institutions based on universal democratic norms. chapters 3 and 4 examine the Gambian judiciary and legislature respectively. chapter 3 discusses the judiciary as the watchdog of the constitution, using every-day law cases to demonstrate judicial independence in The Gambia. chapter 4 on the other hand examines the oversight functions of the legislature by evaluating the roles of PAC/PEC and the Ombudsman as instruments of democratic accountability in The Gambia.




Comparative Constitutional Law in Africa


Book Description

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.