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Democratisation in Africa: The Role of Self-Enforcing Constitutional Rules
Journal article, Created By Siebrits, Krige and Published By ACCORD in English language
Following several decades during which violent civil conflict was common in African countries, the period from 1990 onwards was marked by a spreading and deepening of adherence to democratic principles. Nonetheless, many African countries still experience political instability and civil unrest. This raises the question of why these countries have not succeeded in resolving conflict in a sustainable manner. Drawing on economic ideas about contracts and institutions, this paper outlines a conceptual framework for thinking about the role of constitutional rules in achieving ...
Expanding Standing to Develop Democracy: Third Party Public Interest Standing as a Tool for Emerging Democracies
Journal article, Created By Polavarapu, Aparna and Published By Yale Law School in English language
Standing doctrine can play an outsized role in marginalized groups’ ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansi...
Expanding Standing to Develop Democracy: Third Party Public Interest Standing as a Tool for Emerging Democracies
Journal article, Created By Polavarapu, Aparna and Published By Yale Law School in English language
Standing doctrine can play an outsized role in marginalized groups’ ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansi...
A Survey of the Influence of 'Ethnicity', in African Governance, With Special Reference to its Impact in Kenya Vis-À-Vis its Luo Community
Journal article, Created By Omulo, Albert Gordon and Published By Taylor & Francis Group in English language
Ethnicity' and disparate group-based socio-economic development make governance in Africa problematic. This paper explores them through a lens - objectively, subjectively or a combination thereof - to understand governance patterns in Africa, with special reference to Kenya and its Luo community. Whilst demonstrating the argument that negative 'ethnicity' owes its existence largely to colonialism, we contend that the phenomenon particularly thrives under capitalist dispensations. We employ a historical narrative to explain the marginalization of the Luo of Kenya. We argue th...