This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities, on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutions lessons which will help to build an all-inclusive society.

The 1990s were marked by democratic reforms throughout Africa, which went in tandem with decentralization reforms. The chapters of the volume all highlight the gradual changes that have taken place since. Long-term structural uncodified factors – be it societal, economic, geographic, demographic – seem to have interacted with the constitutional clauses introduced during the reforms. Some chapters look at how decentralization slowly gave way to recentralization because none of the new subnational entities were politically and economically strong enough to balance off the center; some look at how inherent deficiencies in infrastructure and personnel at the subnational level brought the central government back in; some look at how different subnational units ended up working differently due to differences in demographic and social factors; some look at how uncodified factors came to determine how national politics functioned; some look at how decentralization created new conflicts between ethnic groups competing for the control of the new entities; some look at how decentralization blew new life into traditional authorities. This book was original published as a special issue of Regional and Federal Studies.

This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.

FOREWORD by Larry Diamond

Intergovernmental agreements are an important instrument in federal systems, establishing new social programs, regulating agricultural practices, and even changing constitutions. Despite their importance, there have only been limited attempts to understand agreements in a comparative context or to provide a theoretical framework for their study. This book addresses both of these deficiencies by comparing the use of agreements in six federations (Australia, Canada, Germany, South Africa, Switzerland and the United States) and considering why certain federations form more agreements than others. Parker analyzes the data using an institutional framework that considers the effects of seven variables, including the constitutional division of powers, the system of intergovernmental transfers, the size of the welfare state and the nature of governing institutions. In addition, the study provides the first ever comparative database of national intergovernmental agreements — a new resource for future research. This book will be of interest to students and scholars of Political Science, Federalism, Government, Political Institutions, Political Theory and Comparative Politics.

Presents an examination of trends in ethnic federalism around the world with case studies from Nigeria and India. This book offers an analysis of Ethiopia's ten-year experiment with ethnic federalism, and asks why the use of territorial decentralization to accommodate ethnic differences has been unpopular in Africa, as compared to the West.

This book examines the impact of the federal restructuring of Ethiopia on ethnic conflicts. The adoption of ethnic federalism in Ethiopia was closely related with the problem of creating a state structure that could be used as instrument of managing the complex ethno-linguistic diversity of the country. Ethiopia is a multinational country with about 85 ethno-linguistic groups and since the 1960s, it suffered from ethno-regional conflicts. The book considers multiple governance and state factors that could explain the difficulties Ethiopian federalism faces to realise its objectives. These include lack of political pluralism and the use of ethnicity as the sole instrument of state organisation. Federalism and Ethnic Conflict in Ethiopia will be of interest to students and scholars of federal studies, ethnic conflict and regionalism.

In recent decades laws passed by African governments to transfer power and resources to local and other subnational governments (SNGs) have been greeted by many in the policy community with enthusiasm. But how far has decentralization really gone in Africa? How well does it work? And what have been its consequences? The authors of Decentralization in Africa work within a common conceptual framework to examine the process in 10 countries contrasting clear increases in the legal authority of SNGs with the reality of limited successes in deepening democracy.