Books

A Theory of African Constitutionalism

Berihun Adugna Gebeye

Publisher
Oxford University Press
Series
Oxford Comparative Constitutionalism
Year
2021
Award
2023 ICON·S Book Prize (Honourable Mention)

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.

Reviews & Endorsements

Praise for A Theory of African Constitutionalism

“Berihun Gebeye has written a comprehensive, ambitious, and sophisticated account of constitutionalism in Africa that rejects both the standard account of liberal constitutionalism and pluralist accounts of constitutionalism in Africa. Characterizing African constitutionalism as 'syncretic' Gebeye gives a rich account of how modern African states engage in continuous adoption, rejection, invention, and transformation of the diverse constitutional traditions of the pre-colonial societies and colonial powers. A Theory of African Constitutionalism is a much-needed study and an invaluable resource for comparative constitutionalists.”

Adrienne StoneRedmond Barry Distinguished Professor, Melbourne Law School

“Although comparative constitutionalism has a long and distinguished history, the African perspective has, until recently been largely ignored in the discourse. Berihun Gebeye's book contributes enormously to filling this gap. Written in clear and engaging style, the book is insightful and thought-provoking. It provides invaluable insights on transformative constitutionalism on the continent, its design and practice from diverse perspectives and is backed by important and well-researched cases studies. From this perspective, the book is a must-read and an important reference resource for constitutional comparatists, legal scholars, and policy makers on contemporary trends in constitutionalism in Africa.”

Charles Manga FombadProfessor of Comparative African Constitutional Law, Institute for International and Comparative Law in Africa, University of Pretoria, South Africa

“A transformative theory of constitutionalism in Africa – a region that has been largely overlooked by comparative constitutional scholarship. In his artful exposition of the uneasy yet fascinating intersection of ideals and principles of modern constitutionalism with colonial legacies, ethnic tensions, legal plurality, and the political realities of state-building and constitution-making in Africa, Berihun Gebeye produced a unique, ground-breaking work that makes an indispensable contribution to comparative constitutional studies, and to our understanding of constitutional development beyond the West.”

Ran HirschlProfessor of Political Science and Law, University of Toronto, and former co-president of ICON-S the International Society of Public Law

“This is a ground-breaking book, which provides a powerful argument for a theory of African constitutionalism built on the history and experience of modern African states. Its publication should foster a historically aware and institutionally informed discourse about African constitutions and politics. Every constitutional lawyer and social scientist interested in Africa should read it.”

Kate O'ReganDirector of the Bonavero Institute of Human Rights, University of Oxford, and former judge of the South African Constitutional Court

“For anybody seriously interested in a deeper understanding of the development, character, and predicaments of African constitutionalism, this book is not only essential but indispensable reading.”

Rainer GroteHeidelberg Journal of International Law

“While this book clearly offers an original contribution to African constitutional thought, the appeal and openings of its theoretical framework ought to be considered much wider.”

Tanzil ChowdhuryJurisprudence

“Berihun Adugna Gebeye's book remains the most comprehensive analysis of constitutionalism in Africa to appear in decades, if not ever.”

Claire B. WoffordAfrican Studies Review

“Überdies können der vom Autor dargelegte theoretische Ansatz und der empirische Erfahrungsreichtum des Kontinents auch als Erkenntnisressource für andere Weltregionen dienen.”

Danny SchindlerPortal für Politikwissenschaft

“The book that is the subject of this review by Gebeye must nonetheless, not be considered merely as a piece by an African on Africa published by a reputable publisher. Rather, as I later show while campaigning for its readership, it is a valuable contribution to the constitutional law discourse in Africa and beyond.”

Duncan M. OkubasuVerfassung und Recht in Übersee/World Comparative Law

“Exceptionally well-written and indispensable book for comparative constitutional law scholars who wish to understand the origin and predicament of African constitutionalism.”

The 2023 ICON•S Book Prize CommitteeICON•S Book Prize

Media Law in Ethiopia

Berihun Adugna Gebeye & Shimels Sisay Belete

Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Ethiopia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists' sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes.

A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner's point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Ethiopia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

The Oxford Handbook of African Constitutions — book cover

Forthcoming

The Oxford Handbook of African Constitutions

Edited by Richard Albert & Berihun Adugna Gebeye

Publisher
Oxford University Press

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